golden state water company – southwest - ibecproject

Appendix M

WATER SUPPLY ASSESSMENT

GOLDEN STATE WATER COMPANY – SOUTHWEST

INGLEWOOD BASKETBALL AND ENTERTAINMENT CENTER

July 2019

2490 Mariner Square Loop, Suite 215 Alameda, CA 94501

510.747.6920 www.toddgroundwater.com

http://www.toddgroundwater.com/

Final – Water Supply Assessment

Table of Contents

1. INTRODUCTION ................................................................................................................. 1

2. PROJECT WATER DEMAND ............................................................................................... 2

3. GOLDEN STATE WATER COMPANY WATER DEMAND ...................................................... 4

4. GOLDEN STATE WATER COMPANY WATER SUPPLY ......................................................... 7

5. COMPARISON OF SUPPLY AND DEMAND ....................................................................... 13

6. REFERENCES .................................................................................................................... 15

List of Tables

Table 1. Summary of Stetson Engineers Water Demand Analysis

Table 2. Confirmation of IBEC Water Demands (Arena and Plaza Events)

Table 3. Confirmation of Proposed Project Water Demand

Table 4. Climate Data

Table 5. Population Projections

Table 6. Historical Water Demand by Water Use Sectors (AFY)

Table 7. Projected Water Demand by Water Use Sectors (AFY)

Table 8. Historical Water Supply Sources (AFY)

Table 9. CBMWD Projected Supply and Demand Comparison (AFY)

Table 10. WBMWD Projected Supply and Demand Comparison (AFY)

Table 11. Metropolitan Projected Supply and Demand Comparison (AFY)

Table 12. Normal Year Supply and Demand Comparison (AFY)

Table 13. Single Dry Year Supply and Demand Comparison (AFY)

Table 14. Multiple Dry Year Supply and Demand Comparison (AFY)


List of Figures

Figure 1. Site Plan

List of Appendices

Appendix A. West Basin original 1961 adjudication and 2018 update

Appendix B. Central and West Basin Water Replenishment Third Amended Judgement 1977

Final – Water Supply Assessment 1

1. INTRODUCTION

1.1. PROPOSED PROJECT DESCRIPTION

The proposed Inglewood Basketball and Entertainment Center (Project) is located in the southwest portion of the City of Inglewood (Figure 1) in Los Angeles County. The multi-parcel development totals approximately 27 acres. The proposed development includes facilities as follows:

• 935,000-square foot arena designed to host the LA Clippers basketball team with up to 18,000 fixed seats for NBA games, and up to 500 additional temporary seats for other events;

• 85,000-square foot team practice and athletic training facility; • 71,000-square feet of LA Clippers team office space; • 25,000-square foot sports medicine clinic for team and potential public use; • 15,000-square feet of community space; • 8,000-square feet of restaurant and lounge space within the Arena • 40,000-square feet of Plaza Dining and Retail • 150-room hotel with limited service; and • parking facilities.

The proposed development assumes that all LA Clippers home basketball games would occur at the Arena, and that approximately 49 games per season would be played. Additionally, approximately 194 other, non-LA Clipper events (e.g. concerts, family shows, conventions, and corporate or civic events) would be hosted throughout the year with crowd sizes ranging from 2,000 to full capacity 18,500 attendees.

1.2. BACKGROUND

The California Water Code Section 10910 (also termed Senate Bill 610 or SB610) requires preparation of a Water Supply Assessment (WSA) for a project subject to the California Environmental Quality Act (CEQA) and for a project considered subject to SB610 as defined in Water Code Section 10912. A WSA includes quantification of water demands for a project, documentation of water supply sources, evaluation of drought impacts, and provision of a comparison of water supply and demand for the next 20 years in order to assess water supply sufficiency. The City of Inglewood has requested a WSA given the overall intensification of the proposed land uses and potential for increased water demand.

The Project is in the portion of the City served by Golden State Water Company - Southwest System (GSWC). While the City of Inglewood supplies water to other areas of the City and has prepared an Urban Water Management Plan (PSOMAS, 2016), it is not the retailer for the proposed Project.


A foundational document for preparation of the WSA is the GSWC’s Urban Water Management Plan (UWMP) for the Southwest System, adopted September 2016 (Kennedy/Jenks, 2016). WSAs and UWMPs both require water supply reliability information to be provided for the water service area in five-year increments over a 20-year planning horizon.

Water supply sources for the Southwest System include imported water, GSWC operated groundwater wells, and recycled water. Imported water is provided to GSWC through wholesalers West Basin Municipal Water District (WBMWD) and Central Basin Municipal Water District (CBMWD). These wholesalers in turn obtain their imported water from Metropolitan Water District of Southern California (MWD). The Southwest System also is supplied by GSWC owned wells in the adjudicated West Coast and Central Subbasins of the Los Angeles Coastal Plain Groundwater Basin. Recycled water is supplied to GSWC by WBMWD.

1.3. PURPOSE

The purpose of this WSA is to document GSWC’s existing and future water supplies for its service area and compare them to the area’s future water demand including that of the proposed Project. This comparison, conducted for a normal year, single-year drought, and multi-year drought, is the basis for an assessment of water supply sufficiency in accordance with the requirements of California Water Code Section 10910 (Senate Bill 610).

2. PROJECT WATER DEMAND

This section addresses water demands for the proposed land uses.

2.1. EXISTING WATER USE

The existing site includes eight parcels (including the alternate Prairie Access Variant) currently occupied by various uses including a fast-food restaurant, a hotel, warehouse and light manufacturing facilities. Actual water usage for these parcels was not available from GSWC due to privacy concerns but water use was estimated by Stetson Engineers to be approximately 7.6 AFY (Stetson 2019). The estimate was based on water use records of similar establishments in the City of Lakewood, City of Inglewood, and City of Long Beach.

2.2. ESTIMATED FUTURE WATER DEMAND

Estimation of the future water demand for the proposed Project was also calculated by Stetson Engineers in their Review of Water Demands memo for the IBEC Project (Stetson 2019). Water demand was estimated with standard water conservation and with enhanced water conservation based on Leadership in Energy and Environmental Design (LEED) requirements for certification.


The GSWC UWMP does not include an established methodology for estimating future demand. The water demand estimates are largely dependent on the Project’s scope, and the Stetson memo assesses water demands under baseline conditions with standard levels of water conservation. Project water demand estimates are summarized in Table 1. Total future demand is 102.8 AFY under baseline water conservation and includes 69.3 AFY for indoor water use, 15 AFY for outdoor use, and 18.4 AFY for the cooling tower associated with the area.

The water demands of Arena and Plaza events are calculated based on maximum attendance per event, number of employees per event, number and type of events expected per year, and water demand of end uses (kitchens, laundry, restrooms, etc.) as described in the LEED documentation (USGBC 2019). Office and retail water demand is calculated on a per employee/customer basis. Restaurant usage is calculated by a rate based on square footage derived from water use estimates for the Los Angeles Convention and Event Center, a similar sized project.

In addition, Stetson Engineers calculated water demands assuming LEED certification with increased water conservation, also shown on Table 1. The IBEC Project will meet the LEED certification including use of recycled water, water efficient fixtures, and smart meters. The water demands per end use (i.e. plumbing fixtures) were reduced based on LEED documentation; potable water use in landscaping was also reduced. Total future demand with LEED water conservations is 63.3 AFY with LEED water conservation and includes 25.4 AFY for arena and plaza events (10.7 + 14.7 AFY), 7.3 AFY for outdoor use, 30.6 AFY for remaining office, retail, and hotel uses.

To check these estimated demands, Todd Groundwater reviewed information for similar arenas in California and for the other proposed uses, as summarized in Tables 2 and 3. Independent evaluation of arena water uses used the Water and Sewer Analyses prepared for the new Golden State Warriors Arena in San Francisco (BKF 2015). The baseline water use for the Golden State Warriors Arena was estimated at 14 gallons per day per capita (gpdc) and 3 gpdc, for employees and visitors respectively. The anticipated annual events provided in the Stetson memo was used to estimate Arena water demand using the Golden State Warrior factors. It is assumed the factors include other facility water demands such as cooling towers. As shown on Table 2, the arena water use with this method is estimated at 22.7 AFY.

The water demands for other portions of the project were calculated using a water use factor and a base unit for each building use, as shown on Table 3. The attached practice and training facility is assumed to have a water use factor similar to a typical gym and is estimated to use 0.0625 gpd per square foot (gpd/sf) (MPWMD 2017). The office water demand factor is estimated at 0.15 gpd/sf based on a recent WSA prepared for the City of Burbank (Todd 2017). Medical clinics are estimated to uses 0.62 GPD/sf, approximately four times as much water as a new office building (Mays 2001). The water demand for the proposed hotel is estimated assuming 150 rooms at 115 GPD per room (MPWMD 2017). Retail and community space at similar projects are estimated to use 0.172 gpd/sf (BKF 2015). Community spaces are estimated to use 0.47 gpd/sf (MPWMD 2017). Water demand


estimates for the Outdoor Plaza assume that ten percent of the space would be landscaping, and the remainder would be hardscape. Outdoor hardscape water demand is driven by washing surfaces and was assumed to occur four times per year, totaling to 0.00164 gpd/sf. Landscape irrigation is assumed to require 0.0195 gpd/sf.

Based on these assumptions and water demands, the Project potable demand can be independently estimated at 98.4 acre-feet per year (AFY). This confirms that the Stetson baseline water use estimate, 102.8 AFY, is reasonable given the anticipated events and uses of the project.

2.3. ESTIMATED FUTURE RECYCLED WATER USE

To minimize demand on the Southwest System’s potable water supply, GSWC is encouraging and incentivizing future developments to use recycled water in irrigation systems. If a recycled water main were extended to the site, it would be beneficial to use recycled water for non-potable uses such as irrigation. As the IBEC project plans to be LEED certified, the IBEC project is installing facilities for use of recycled water (when available) to offset irrigation water use.

3. GOLDEN STATE WATER COMPANY WATER DEMAND

This section summarizes water demands for the Golden State Water Company – Southwest System service area, the proposed retailer for the Project.

The first part describes the factors affecting total water demand, including climate, population and employment, plus the mix of customer types, such as residential, commercial, agricultural, and industrial. Management of water demand through water conservation is summarized. The second part documents water demands, not only under normal climatic conditions, but also during drought.

3.1. CLIMATE

Climate has a significant influence on water demand on a seasonal and annual basis. This influence increases with the portion of water demand for outside uses, specifically landscape irrigation.

Table 4 summarizes representative climate data for Inglewood, including average monthly and annual rainfall and evapotranspiration (ETO) from the California Irrigation Management Information System (CIMIS) Long Beach station #174 (CIMIS 2017). The Southwest Service Area has a semi-arid, Mediterranean climate, characterized by dry summers and wet winters with year-round moderate-to-warm temperatures. Reflecting this pattern, water demand in the Southwest System is greater in the summer than in the winter.

As it would for the entire region, climate change may affect future water supply availability for the Southwest System by reducing water availability, changing local precipitation


patterns, and increasing water demands. As discussed in greater detail below, the Southwest System largely relies on imported water, but also uses local groundwater, and is increasing its recycled water supply source to help offset potable demand.

3.2. POPULATION

Population, a key factor in water demand, is analyzed in the GSWC 2015 UWMP for the Southwest System. Table 5 reproduces the 2015 UWMP population values for the GSWC service area with projections to 2040.

3.3. CURRENT WATER USE SECTORS AND WATER DEMAND

Table 6 documents the historical water demand for the GSWC service area by water use sectors for fiscal years 2010 and 2015 from GSWC 2010 and 2015 UWMPs. The water use sectors (customer types) are listed on the left. Overall during the five-year period, total water use declined slightly, reflecting the success of water conservation programs among other factors.

3.4. PROJECTED WATER DEMAND

Table 7 summarizes actual 2015 and projected water demands for the Southwest System’s service area from 2020 to 2040. Overall, the projections indicate increasing water demands to 2040 for each water use sector. Water demand estimates are driven by projections of population, households, and employment based on respective data from the Southern California Association of Governments (SCAG) as presented in the GSWC 2015 UWMP. The projected residential and commercial water demands reflect water demand increases associated with general commercial and residential growth in the Southwest Service Area and have not been allocated to specific development projects (Kennedy/Jenks Consultants 2016).

The 2015 UWMP estimates an approximate 3.9 percent annual growth in total water consumption until 2020. After 2020, demand is estimated to increase at 0.25 percent per year until 2040, presumably anticipating buildout. Population growth would also be 0.25 percent during this period. A detailed explanation of the population, household and employment projection process employed by SCAG can be found in the report: “Growth Forecast”, a supplemental report to the SCAG “Regional Transportation Plan, 2012-2035” (SCAG 2012). The growth in demand is not allocated to planned or potential projects but is simply an estimate of growth consistent with regional projections. GSWC requires that all new projects register as a new business and provide information about the proposed water use. GSWC assesses these applications on a per project basis to determine if they are within the capability of the water system. GSWC requires new business to register as early as possible in the planning process. The IBEC project has been submitted to GSWC and the applicant has been collaborating with the retailer to provide as much information as possible about the water supply needs and groundwater well placement.


3.5. WATER CONSERVATION

Water conservation has been mandated by the State and has become an important and effective means for municipal water providers to balance water demand and supply in the future and to address drought. As described in this section, GSWC and the City of Inglewood have implemented water conservation measures to manage water demand over the long term and during drought. The total future water demand may be lower than estimated above as the GSWC implements water conservation measure and efficiency requirements.

To manage water demand over the long term, the State’s Water Conservation Act of 2009 (SBx7-7) called for a 20 percent reduction in urban water use by the year 2020. The Water Code was amended to require 2015 and 2020 water use targets to be developed in the 2010 UWMPs with updated targets in the 2015 UWMPs. For GSWC, the recalculated 2015 interim compliance target for per capita water consumption is 124 gallons per day per capita (gpdc) in accordance with Section 10608.20 (b)(3) of the Water Code (Kennedy/Jenks, 2016). GSWC’s per capita water use in 2015 was calculated to be 87 gpdc, which is below the 2015 Interim Target and demonstrates the effect of long-term water conservation.

With regard specifically to drought and other short-term shortages, the UWMP documents the GSWC’s Water Shortage Contingency Plan. The Golden State Water Company is an investor-owned utility, and as such, is subject to the California Public Utility Commission (CPUC). California Water Code, Section 357 requires that water suppliers subject to regulation by the CPUC must obtain approval prior to instituting mandatory water use restrictions and/or consumption regulation in response to water shortage emergencies. In the case of a water shortage emergency, GSWC will request approval from the CPUC to implement Rule 14.1 and establish three broad categories of conservation policy.

• Rule 14.1 A. Conservation-Non-Essential or Unauthorized Water Use – Voluntary –GSWC authorized to implement without additional CPUC advice.

• Rule 14.1 A. Conservation-Non-Essential or Unauthorized Water Use – Mandatorybut without fines or surcharge tariff – GSWC required to file Tier 1 Advice Letterrequesting authorization to institute a Schedule 14.1 Stage.

• Rule 14.1 B. Staged Mandatory Rationing of Water Usage – Includes authorization offines and surcharge tariff - GSWC required to file Tier 2 Advice Letter requestingauthorization to institute a Schedule 14.1 Stage.

Depending on the severity of the water shortage, a five-stage water-rationing plan may be implemented, corresponding to shortages of up to 10 percent, 20 percent, 30 percent, 40 percent, and 50 percent, respectively (Kennedy/Jenks 2016).

Water conservation was mandated in response to the recent drought of 2012 to 2016. On the state level, Governor Jerry Brown signed executive order B-29-15, which mandated a 25 percent reduction in urban potable water use (State of California 2015). On a local level, the


City of Inglewood passed Ordinance 15-02 in October 2014, which established emergency water conservation measures. These measures were made permanent in August 2017 by Resolution 17-124 (City of Inglewood 2017). GSWC also implemented Rule 14.1, with the staged action plan to reduce water usage by up to 50 percent. The water conservation measures limit outside watering of potable water, impose an obligation to repair leaks, require automatic shut off nozzles for hoses, restrict irrigation run off, and put limitations on swimming pools, among other restrictions.

Water conservation effectiveness is tracked; on a monthly basis, large urban water suppliers in California are required to report data on water production and conservation activities to the California State Water Resources Control Board (CSWRCB 2018). Water conservation effectiveness is measured by comparing current monthly water use to the amount of water used during calendar year 2013. In 2015, at the peak of a multiple year drought, GSWC reported that water use was reduced by up to 15.8 percent and the City of Inglewood reported a water use reduction of 21.3 percent compared to 2013. These data demonstrate that the water conservation measures were successful in reducing water demand during the extended drought.

4. GOLDEN STATE WATER COMPANY WATER SUPPLY

The GSWC is the water retailer and provides water supply for domestic, irrigation and fire protection use. Table 8a and 8b present the historical water supply sources from 2010 and 2015 in terms of all sources (8a) and groundwater supply by aquifer (8b). The 2015 UWMP states that GSWC imports 76.5 percent of the potable water supply. Groundwater pumped from the West Coast and Central Basins contributes approximately 22 percent of the total water supply for the Southwest service area. Non-potable, GSWC recycled water contributes approximately 1.5 percent of the total supply.

4.1. GROUNDWATER

As indicated in Table 8a, approximately 22 percent of the GSWC water supply is from groundwater. Table 8b shows the amount pumped for the last five years of data presented in GSWC’s UWMP; as shown, groundwater is pumped from the West Coast and Central Basins.1 The West Coast Basin is situated beneath approximately 160 square miles of the southwest portion of the Los Angeles Coastal Plain Basin. Its boundary is defined by Santa Monica Bay on the west, Newport-Inglewood fault system on the east, San Pedro Bay to the south and the Ballona Escarpment in the north. The Central Basin, or southeastern portion of the Los Angeles Coast Plain Basin, has a surface area of 277 square miles. The Central Basin’s boundaries extend from Merced and Puente Hills in the north, to the Newport-Inglewood fault system in the southwest and continue to the Orange County line in the southeast.

1 The West Coast and Central Basins are technically subbasins of the Coastal Plain of Los Angeles Groundwater Basin. However, they have been designated individually by the Department of Water Resources (DWR) as groundwater basins 4-11.03 and 4-11.04, respectively (DWR, 2003) and are referred to as basins in this text.


The water bearing deposits in both the West Coast and Central Basins include the unconsolidated and semi-consolidated marine and alluvial sediments of Holocene, Pleistocene, and Pliocene ages. The Holocene alluvium, (Gaspur and Semiperched aquifers), Upper Pleistocene Lakewood (Bellflower and Gardena aquifers), and Lower Pleistocene San Pedro Formations (Silverado aquifer) are the main groundwater producing units. The storage capacity for the West Coast Basin is estimated to be 6.5 million AF, while the Central Basin is estimated to hold approximately 13.8 million AF (California DWR, 2003).

Groundwater extraction by pumping wells is the primary means of groundwater discharge from the basin. The West Coast Basin receives inflow from artificial recharge projects, subsurface flow from the Central Basin, and percolation from rainfall. The California Department of Water Resources (DWR) estimated groundwater for urban use in the West Coast Basin at 51,673 AFY. Estimates of urban groundwater extraction in the Central Basin are significantly higher at 204,335 AFY (DWR, 2003)

The Salt and Nutrient Management Plan (SNMP) for the Central Basin and West Coast Basin (Todd Groundwater, 2015) documents that average salt and nutrient concentrations in the West Coast Basin groundwater do not meet water quality objectives of the Regional Water Quality Control Board because of historical seawater intrusion. However, existing and planned implementation measures (including the barrier projects, desalters, recharge projects and other programs) ensure that salt and nutrient levels in groundwater will achieve the objectives in the future.

In 1961, the West Coast Basin was adjudicated to prevent overpumping (which caused seawater intrusion) and to restore groundwater levels. The West Coast Basin Judgment limits the amount of groundwater each party can extract annually from the Basin, and these limits are monitored by DWR, the Court-appointed Watermaster. As part of the adjudication, the Central and West Basin Water Replenishment District (WRD)2 was created to manage, regulate, and replenish the Central and West Coast Basins. The 1961 adjudication was modified in 2014 to form the West Basin Water Rights Panel to help ensure compliance with the Amended Judgment. In 2018, an additional judgment modified the agreement to add a process for users not in the original judgment an extraction exemption. The original 1961 adjudication and the 2018 update are attached as Appendix A.

In order to adjudicate water rights of groundwater and regulate pumping from the Central Basin, the WRD filed Case No. 786,656 on January 2, 1962, in the Superior Court, County of Los Angeles, naming more than 700 parties as defendants (Appendix B). The first Central Basin Judgment became effective on October 1, 1966. The first amendment to the Judgment was implemented on March 21, 1980 and transitioned the administrative year from a water year (October 1 to September 30) to a fiscal year (July 1 to June 30). On May 6, 1991, the Judgment was amended again to modify the carryover and overproduction provisions. The Judgment was most recently amended by the Court in December 2013, which initiated a water storage program. Golden State Water Company has an Allowed Pumping Allocation

2 Renamed Water Replenishment District (WRD) of Southern California.


(APA) of 16,439 AFY from the Central Basin and 7,502 AFY from the West Coast Basin. The APA for each basin is the allotted amount for all GSWC’s systems. However, the total can be adjusted based on carryover rules and additional water can be leased from other water rights holders in the Central Basin. GSWC operates and maintains ten groundwater well sites; two in the Central Basin and eight in the West Coast Basin.

4.2. RECYCLED WATER

The proposed Project will use recycled water when infrastructure is available to provide recycled water. The GSWC is pursuing opportunities to increase its use of recycled water as part of its overall water supply portfolio. GSWC purchases recycled water from WBMWD. WBMWD purchases and resells tertiary-treated recycled water produced at the Los Angeles County Sanitation District’s Los Coyotes and San Jose Creek Water Reclamation Plants. The primary uses of recycled water in the GSWC system area are irrigation of landscaping, indirect potable reuse, and injection as part of the seawater intrusion barrier program. The 2015 UWMP notes that there is potential to increase recycled water use, but also limitations to connecting new customers. Recycled water delivery infrastructure is wholly owned by WBMWD, and GSWC would need to work with the water district to determine if a recycled water connection to the Project is feasible.

Recycled water volumes supplied to GSWC are presented on Table 8 for years 2010 and 2015. In 2015 recycled water accounted for approximately 1.5 percent of the water supply.

4.3. IMPORTED WATER

In 2015, GSWC purchased approximately 21,000 AF or 76 percent of its potable water supply from CBMWD and WBMWD. Imported water (delivered through CBMWD and WBMWD) is provided by MWD from the Colorado River, the Sacramento-San Joaquin River Delta (Delta) via the State Water Project, desalination, recovered groundwater banking, and other sources). These sources provide Southern California with approximately 2 million acre-feet (MAF) of water annually for urban uses. The Colorado River provides approximately 4.4 MAF annually for agricultural and urban uses while the Delta supplies Southern California with over 1 MAF annually. MWD receives its water supply via the Colorado River Aqueduct and the California Aqueduct. The Colorado River Aqueduct, managed by MWD, is 242 miles long and conveys water from the Colorado River to Lake Matthews. The California Aqueduct, part of the State Water Project and operated by the California Department of Water Resources, is 444 miles long and carries water from the Delta to Southern California.

Purchased water is delivered to GSWC through fourteen imported water connections. Combined, these connections have a total delivery capacity of 83,304 AFY. For comparison the maximum amount of water imported by GSWC between 2011 and 2015 was 21,023 AFY. It is anticipated that these connections should be sufficient to meet normal and dry year demand.


GSWC has five-year purchase agreements with WBMWD and CBMWD with rates based on a two-tier rate structure. Tier 1 is an agreed supply allotment at one rate, and additional supplies in excess of the agreement would be charged at a Tier 2 rate. Because of recent changes with a new purchase agreement with MWD, WBMWD and CBMWD have not developed new agreements with member agencies. However, CBMWD did recommend a Tier 1 water budget for agencies seeking to establish annual purchase limits, indicating that the base agreement water supply will continue to be available. GSWC is actively pursuing the availability of a reliable, cost effective supply of imported water through the implementation of conjunctive use storage programs in the Central and West Coast basins. Even with these limitations, the 2015 UWMP indicated that GSWC will have a sufficiently reliable supply of water to meet projected demand (Kennedy/Jenks, 2016).

4.4. WATER SUPPLY IN NORMAL AND DROUGHT PERIODS

The California Water Code requires a WSA to include discussion of how supply will meet demand during normal, single dry, and multiple-dry years during a 20-year projection. The GSWC’s 2015 UWMP, included herein by reference, provides discussion of water supply and demand in normal and drought periods. The historical normal year was selected as FY 1996-1997, and FY 2006-2007 was used as a historical single dry year. GSWC selected the historical drought of 1959 through 1961 to estimate the projected water demands during a multiple dry year period. Available volumes for base water year data were not provided; however, the UWMP indicated that during the single-dry year and multiple-dry year periods, the water system received 100 percent of average supply. While the multiple dry years (1959-1961) reflect a historical period with less water demand, the period also preceded importation of State Water Project Water and thus involved a greater reliance on local groundwater supplies. This multiple year drought selection was deemed appropriate by DWR for the purposes of the UWMP. It is noteworthy that GSWC and their wholesalers did not experience a water supply shortage during the most recent drought (2012-2016). Imported water increased by 67 percent in 2015 during the most recent drought (Kennedy/Jenks, 2016). According to the UWMP from Metropolitan (the regional wholesaler of imported water), water supplies are projected to remain at similar levels during multiple year droughts through 2040. According to their UWMP, total local supplies (including imported water) will decrease around 5 percent from average conditions in 2040 (Metropolitan 2016 Table 2-2 and Table 2-3).

In addition, GSWC anticipates that the recycled water supply will remain constant through single-year and multi-year droughts. While recycled water can be affected by indoor water conservation measures, it generally is recognized as reliable during drought (PPIC, 2018; WBMWD, 2018). As documented in the GSWC UWMP, recycled water supplies increased during the most recent drought.


4.5. PROJECTED WATER SUPPLY: REGIONAL SUPPLY AND DEMAND

Contracts for imported water are not currently in place for projection to the planning horizon; however, regional water supplies are not expected to change significantly according to the UWMPs of regional wholesalers. To recap, GSWC receives imported water from WBMWD and CBMWD. WBMWD and CBMWD document their future supply and demand in regional UWMPs (WBMWD, 2016 and Arcadis, 2016) that include GSWC Southwest’s service area. In turn, Metropolitan’s UWMP encompasses WBMWD and CBMWD.

As documented in Tables 9, 10, and 11, the Metropolitan, WBMWD, and CBMWD UWMPs all show sufficient supplies to meet projected future demands in the region during all conditions including average, dry, and multiple-dry years (Metropolitan 2016, WBMWD 2016, Arcadis 2016).

CBMWD’s UWMP indicates that it “has taken important steps during the past decade to reduce its service area’s vulnerability to extended drought and other potential threats”. These steps include expanding its recycled water distribution and enhancing groundwater sustainability by increasing recharge in wet years. In an average year, CBMWD anticipates an increase in supply delivered from 266,487 in 2015 (CBMWD UWMP Table 3-2) to 317,981 AFY in 2040 (CBMWD UWMP Table 3-5), a total increase of 51,494 AFY. These increases in supply are based on plans to expand groundwater production, recycled water, and purchased water from Metropolitan by approximately 20,000 AFY, 12,000 AFY, and 20,000 AFY, respectively.

To estimate projected water demand, CBMWD uses a combination of historical water use analysis, population growth, and commercial and residential development data plus the assistance of Metropolitan’s forecasting model known as MWD-MAIN (Municipal and Industrial Needs) Water Use Forecasting System. The MWD-MAIN forecasting model provides estimated urban water demand for the next 25 years. To project water demands, MWD-MAIN incorporates census data, industrial growth, employment and regional development from regional planning agencies, such as SCAG. It also accounts for current and future water conservation and education programs.

As shown in Table 9 (from CBMWD’s UWMP Tables 3-5, 3-6, and 3-7), the wholesaler is projecting a net supply surplus under all conditions, up to 8,302 AFY in an average year (CBMWD 2016). WBMWD’s UWMP also shows commitment to meeting the demands of retailers including GSWC. The UWMP details WBMWD’s plan “to continue to improve the reliability of its supplies to its customer agencies by increasing recycled water supplies as well as potentially investing in over 20,000 AFY of desalinated ocean water supply.” WBMWD anticipates it can continue to meet demand, which increases from 135,369 AFY in 2015 to 144,126 AFY in 2040, a total of 8,757 AFY (Table 3-6). As described in its UWMP,


West Basin relied solely on Metropolitan’s projections for total demand and water use efficiency, which used data from the SCAG 2012 Regional Transportation Plan/Sustainable Community Strategy (April 2012). The SCAG regional growth forecasts provide core assumptions for estimating retail demand; as described in the WBMWD UWMP, SCAG projections undergo extensive local review and incorporate zoning information from city and county general plans. Table 10 reproduces information from WBMWD UWMP Tables 5-3, 5-4, and 5-5 and shows that in normal and dry years WBMWD has sufficient supply to meet this increasing demand. In a multiple dry year and only in 2020, WBMWD will have to rely on its water supply contingency plan that puts water conservation into effect. The wholesaler has demonstrated the effectiveness of these measures during the previous multiple year drought; as noted in the UWMP “West Basin’s customer agencies have achieved an overall total reduction of 19% water conservation for the period June 2015 to February 2016 as compared to the same months in 2013” (UWMP 2016). As noted above, WBMWD plans to meet the projected future demand with a diverse supply portfolio. WBMWD has plans in place to expand its water use efficiency programs, further develop recycled water, and add ocean water desalination supplies to improve its immediate, near- and long-term reliability of supplies. Metropolitan, the supplier to both of GSWC’s wholesalers, similarly plans to increase supply to meet projected growth as shown on Table 11. In average conditions, Metropolitan is planning a 111,000 AFY increase in supply from 2,578,000 2015 to 2,689,000 AFY in 2040 (Metropolitan Water District, 2016, Table 1-5). Metropolitan is pursuing several projects to increase its water supply including:

• Finding long-term solutions for the Delta • Developing storage programs related to the SWP and the Colorado River • Developing storage and groundwater management programs within the Southern

California region • Increasing water recycling, groundwater recovery, and seawater desalination • Developing water supply management programs outside of the region.

Based on the above, the available increase in supply indicated by all three wholesalers would accommodate the proposed project’s net water demand of 95 AFY (103 total demand less 8 AFY existing demand).

4.6. GSWC PROJECTED WATER SUPPLY: NORMAL AND DROUGHT YEARS

For the Golden State Water Company Southwest System, Table 12 summarizes water supply and demand for a normal year. The total water supply (based on GSWC’s current portfolio of water supplies) is projected to meet the total water demand. To assess its future water supply portfolio, GSWC assumes constant supplies through 2040 of imported water from CBMWD, plus groundwater from the Central and West Coast Basins and recycled water. The assumed amounts of CBMWD imported water and groundwater are less than recent historical totals (see 2010 and 2015 values in Table 6). Recycled water projections include


recent supplies and planned projects. To meet demand, GSWC plans to increase the amount of purchased imported water from WBMWD through 2040. However, no plans are currently in place beyond 2024 and GSWC will develop new agreements with WBMWD when WBMWD begin to assess future supply for their retailers. While WBMWD projects a shortage of water if a multiple dry year occurred in 2020, GSWC would continue to receive its current contracted amount through 2024. By 2025, WBMWD’s UWMP projects that water supply is sufficient to meet the region’s growing demand. It is therefore likely GSWC will be able to extend and increase its agreement with WBMWD. Groundwater production is capped at the GSWC’s adjudicated Allowed Pumping Allocation (APA) of 16,553.62 AFY, but there are opportunities to store water in the basins, up to 200 percent of the APA per year. Additional leased groundwater may also be available in both the Central Basin and West Coast Basin. These leases are renewed annually, on an as needed basis. In the past, as much as 61,067 AFY and 39,889 AFY from the Central and West Coast Basins, respectively, have represented unpumped adjudicated rights that may be available for GSWC to lease to augment their Central Basin APA and/or West Coast Basin water rights and to support overall water supply reliability (Kennedy/Jenks, 2016). Accordingly, as part of a future water supply, GSWC plans to store and to purchase groundwater in the Central and or West Basins (Kennedy/Jenks, 2016). To develop and implement a storage and recovery program, GSWC is planning to improve infrastructure and install new wells. These options are being explored currently, and supply quantities associated with a storage program have not yet been determined. There is no additional information related to an alternative. Tables 13 and 14 show supply and demand in single-year and multi-year dry conditions. The available water supplies in a single-dry year and multiple dry years were estimated using the observed ratio of normal to dry years in past years. As documented in its UWMP, GSWC does not rely on assumed water conservation performance in order to balance available water supplies with water demands for both single and multiple dry years through 2040 (Kennedy/Jenks, 2016). In other words, normal and dry year demands are indicated to be the same. Nonetheless, water use efficiency mandates and water conservation measures (by GSWC and the City of Inglewood) were effective during the last drought and are likely to reduce demand during future droughts. Note that supply is shown as equal to demand. It is common practice in UWMPs to presume that the water agency generates no more supply than what is needed and delivered to customers including associated system water losses.

5. COMPARISON OF SUPPLY AND DEMAND

As documented in Tables 12, 13, and 14, GSWC has indicated sufficient water supply to fulfill demand in normal, single dry, and multiple dry years with a 20-year projection. To further increase their portfolio, GSWC has indicated that they plan to purchase and store water in the Central Basin and/or the West Coast Basin. The amounts to be supplied from these projects are not yet quantified, pending further development of purchase


agreements, but base agreement water supply will continue to be available. As documented in its UWMP, GSWC has a portfolio of supplies to rely on during normal and dry years. The reliability of this supply is evidenced by the fact that GSWC was supplied with 100 percent of demand during the most recent multi-year drought. Additionally, water use for 2015 shows that conservation measures implemented by GSWC and the City of Inglewood were successful in reducing demand in the service area. The Golden State Water Company - Southwest System 2015 Urban Water Management Plan did not specifically include the Inglewood Basketball and Entertainment Center in its water demand estimates. Nonetheless, the UWMP anticipates commercial growth in the service area. Water demand estimates for commercial customers through 2020 are projected to increase by 591 AFY. The net water demand for the proposed Project is estimated at 94.2 AFY (102.8 total demand less 8 AFY existing demand); this conservatively assumes no LEED water conservation. This estimated Project water demand represents approximately 16 percent of the projected increase between 2015 and 2020 for all commercial uses. This comparison suggests that the Project water demand can be accommodated within the planned commercial growth. Up-to-date water demand data for commercial customers in fiscal years 2016, 2017, and 2018 were not available at the time this WSA was prepared. These data would allow comparison of the net water demand for the proposed Project to the current and projected commercial water demands.


6. REFERENCES

BKF Engineers, 2015, Water and Sewer Analyses for Golden State Warriors Arena at Mission Bay Block 29-32, prepared for Strada Investment Group.

California Department of Water Resources (DWR), California’s Groundwater, Update 2003, Bulletin 118, October 2003. http://www.water.ca.gov/groundwater/bulletin118/index.cfm

California Irrigation Management Information System (CIMIS), 2018, Station 174, Long Beach, Los Angeles Basin, http://www.cimis.water.ca.gov/WSNReportCriteria.aspx, Last accessed 6/13/2018.

California State Water Resources Control Board, 2018, Public Water System Operations Monthly Water Production and Conservation Information, https://data.ca.gov/dataset/drinking-water-%E2%80%93-public-water-system-operations-monthly-water-production-and-conservation, Last accessed 9/8/2018.

Arcadis, Central Basin Municipal Water District, Urban Water Management Plan 2015, June 2016.

City of Inglewood, 2017, Resolution 17-124, A Resolution…retracting the Level 1 Water Supply Shortage Condition, August 15.

Kennedy/Jenks Consultants, 2011, 2010 Urban Water Management Plan – Southwest, prepared for Golden State Water Company.

Kennedy/Jenks Consultants, 2016, 2015 Urban Water Management Plan – Southwest, prepared for Golden State Water Company.

Monterey Peninsula Water Management District, 2017, Resolution No. 2017-16 Amending Table 2: Non-Residential Water Use Factors.

Mays, Larry W., 2001, Water Resources Engineering, Table 11.1.4, pg. 346-347.

Metropolitan Water District of Southern California, Urban Water Management Plan 2015, June 2016.

PSOMAS, 2016, 2015 Urban Water Management Plan, prepared for the City of Inglewood, Public Works Department.

Public Policy Institute of California (PPIC), 2018, Alternative Water Supplies, Fact Sheet, February; http://www.ppic.org/wp-content/uploads/jtf-alternative-water-supplies-jft.pdf accessed September 17, 2018.

Southern California Association of Governments (SCAG), Growth Forecasting -Adopted 2012 RTP Growth Forecast, http://gisdata.scag.ca.gov/Pages/SocioEconomicLibrary.aspx?keyword=Forecasting, Last Accessed: May 22, 2019


State of California, 2015, Governor Jerry Brown Executive Order Executive Order B-29-15, https://www.gov.ca.gov/news.php?id=18910, April 1.

Stetson Engineers, Inglewood Basketball and Entertainment Center (IBEC) Project Review of Water Demands, May 10, 2019.

Todd Groundwater, 2015, Salt and Nutrient Management Plan for the Central Basin and West Coast Basin, prepared for Water Replenishment District of Southern California, February. http://www.wrd.saltnutrient.com/

Todd Groundwater, 2017, Avion Burbank Project Water Supply Assessment, Prepared for the City of Burbank, August.

Todd Groundwater, 2018, Rancho Los Amigo – South Campus Water Supply Assessment, Prepared for the City of downy, June.

US Green Building Council (USGBC), LEED v4 for Building Design and Construction, https://www.usgbc.org/resources/leed-v4-building-design-and-construction-current-version, January 11, 2019.

Water Replenishment District, https://www.wrd.org/content/monthly-production-reports

West Basin Municipal Water District (WBWMD, Urban Water Management Plan 2015, June 2016.

West Basin Municipal Water District (WBWMD), 2018, About Recycled Water, Water Reliability, accessed September 17, 2018. http://www.westbasin.org/water-supplies/recycled-water

http://www.water.ca.gov/groundwater/bulletin118/index.cfm

http://www.cimis.water.ca.gov/WSNReportCriteria.aspx

https://data.ca.gov/dataset/drinking-water-%E2%80%93-public-water-system-operations-monthly-water-production-and-conservation

https://data.ca.gov/dataset/drinking-water-%E2%80%93-public-water-system-operations-monthly-water-production-and-conservation

http://www.ppic.org/wp-content/uploads/jtf-alternative-water-supplies-jft.pdf%20accessed%20September%2017

http://www.ppic.org/wp-content/uploads/jtf-alternative-water-supplies-jft.pdf%20accessed%20September%2017

http://gisdata.scag.ca.gov/Pages/SocioEconomicLibrary.aspx?keyword=Forecasting




Tables and Figure

https://www.gov.ca.gov/news.php?id=18910

https://www.gov.ca.gov/news.php?id=18910

http://www.wrd.saltnutrient.com/

https://www.usgbc.org/resources/leed-v4-building-design-and-construction-current-version

https://www.usgbc.org/resources/leed-v4-building-design-and-construction-current-version

http://www.westbasin.org/water-supplies/recycled-water

http://www.westbasin.org/water-supplies/recycled-water

Water Use Type

Baseline Conservation

LEED Certification

IndoorArena and Plaza Events [1] 21.0 10.7

Office Space 8.8 6.1Retail Space 8.1 4.0Restaurant Space 8.1 4.4Indoor Washdown 2.4 2.4Hotel (150 rooms) 21.0 13.7

Subtotal - Indoor 69.3 41.2Outdoor

Landscape 14.3 6.6Outdoor Washdown 0.7 0.7

Subtotal - Outdoor 15.0 7.3Other

Arena and Plaza Events [2] 18.4 14.7Subtotal - Other 18.4 14.7

Total 103 63Notes:[1] Excludes arena structure cooling tower water demands[2] Arena structure cooling tower water demands[3] Pursuant to the LEED's "Indoor Water Use Reduction" category

Table 1. Summary of Stetson Engineers Water Demands Analysis

Estimated Water Demands (AFY)

Event TypeNumber of

Employees per Event [1]

Maximum Attendance per

Event [1]

Events per Year [1]

Estimated Baseline Water

Demand

Per Employee [2]

Per Visitor [2]

Gallons per Year

AFY

LA Clippers Home Games 1,320 18,000 14.0 3.0 49 3,551,520 10.9Concerts

5 per year (large) 1,120 18,500 14.0 3.0 5 355,900 1.18 per year (medium) 795 14,500 14.0 3.0 8 437,040 1.310 per year (small) 530 9,500 14.0 3.0 10 359,200 1.1

Family Shows20 per year 530 8,500 14.0 3.0 20 658,400 2.0

Other Events35 per year 480 7,500 14.0 3.0 35 1,022,700 3.1

Corporate/Community Events100 per year 25 2,000 14.0 3.0 100 635,000 1.9

Plaza Events16 per year 25 4,000 14.0 3.0 16 197,600 0.6

Practice Events260 per year [3] 54 0 14.0 3.0 260 196,560 0.6

Total 7,413,920 22.7Notes:AFY = acre feet per yeargpcd = gallons per day per capitaSource:[1] "IBEC Anticipated Annual Events Characteristics", Wilson Meany[2] BFK Golden State Warriors Arena Water Use[3] Pursuant to Montgomery Clark Advisors e-mail dated May 8, 2019

Table 2. Confirmation of IBEC Water Demands (Arena and Plaza Events)

Baseline Water Use (gpdc)

Land Use Area (sq ft)

Demand Factor (gpd per sq ft)

Water Demand(gpd)

Water Demand(AFY)

Arena 18,500 Seats 4 gpd/seat1 based on event 22.7Training Facility 85,000 0.06252 5,314 6.0Office Space 71,000 0.153 10,863 12.2Medical Clinic 25,000 0.624 15,462 17.3Restaurant/Lounge 8,000 0.31 2,400 2.7Outdoor Plaza 65,000

Retail 24,000 0.1721 4,128 4.6Community Space 15,000 0.472 7,050 7.9

Restaurants 16,000 0.31 4,800 5.4Hardscape 58,500 0.001641 96 0.1Landscape 6,500 0.01952 127 0.1

Hotel 150 rooms 115 gpd/room2 17,250 19.3Parking Facility --- 0.05 0 0.0

PROJECT TOTAL 67,490 98.4

Demand Factor Source: 12345 Todd, 2017, WSA for City of Downey

Table 3. Confirmation of Proposed Project Water Demand

BKF Engineers, Golden State Warriors Arena, 2015Monterey Peninsula Water Management District, 2017Todd, 2017, WSA for BurbankMays, 2001

Parameter Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Temp2

Min (˚F) 48 49 51 53 56 60 63 64 63 59 52 48 55Temp2

Max (˚F) 69 67 69 71 72 75 80 82 83 78 73 68 74Temp1

avg (˚F) 65 65 65 67 69 72 75 76 76 74 70 66 70.10Rainfall2 (in) 2.65 2.67 1.85 0.77 0.17 0.05 0.02 0.07 0.16 0.39 1.40 1.82 12.02ETo1 (in) 1.92 2.27 3.65 4.53 4.93 4.85 5.56 5.41 4.28 3.18 2.05 1.63 44.27

Source:1)2)

Table 4. Climate Data

GSWC 2015 UWMP, Section 3.2

WRCC LA Intl Airport Station (www.wrcc.dri.edu) January 1936 to June 2016Long Beach CIMIS Station #174, Sept 2000 - 2018

Population 2015 2020 2025 2030 2035 2040GSWC-SW Population Served1 275,369 282,455 289,326 296,365 303,576 310,961Assumed Annual Growth 0 0.51% 0.48% 0.48% 0.48% 0.48%

Source:

Table 5. Population Projections

GSWC 2015 UWMP, Table 3-1.

2010 2015Single-Family Residential 10,422 9,027Multi-Family Residential 9,367 8,784Commercial 4,425 4,133Industrial 1,921 1,770Institutional/Governmental 873 904Landscape Irrigation 755 672Agricultural 4 378Other 27 10Losses --- 1,262Total Potable Demand 27,794 26,938Recycled Water Demand 219 393

TOTAL WATER CONSUMPTION 28,013 27,331

Source:

Notes:Losses not calculated in GSWC 2010 UWMP

Table 6. Historical Water Demand by Water Use Sectors (AFY)

Customer Type Actual Water Demand (AFY)

GSWC 2010 UWMP, Table 3-11GSWC 2015 UWMP, Table 4-1

Actual Demand

Customer Type 2015 2020 2025 2030 2035 2040Single-Family Residential 9,027 11,324 11,463 11,604 11,746 11,891Multi-Family Residential 8,784 10,004 10,127 10,252 10,379 10,506Commercial 4,133 4,724 4,775 4,828 4,882 4,936Industrial 1,770 1,851 1,872 1,893 1,913 1,936Institutional/Governmental 904 993 1,004 1,016 1,027 1,039Landscape Irrigation 672 1,074 1,088 1,103 1,117 1,131Agricultural 378 263 296 329 361 394Other 10 23 24 24 24 25Losses 1,262 2,017 2,043 2,069 2,095 2,122

Total Potable Demand 26,938 32,271 32,692 33,116 33,545 33,980Recycled Water Demand 393 809 809 809 809 809TOTAL WATER DEMAND 27,331 33,080 33,501 33,925 34,354 34,789

Source:

Table 7. Projected Water Demand by Water Use Sectors (AFY)

Projected Water Demand (AFY)

GSWC 2015 UWMP, Tables 4-1 and 4-2.

Water Supply Source 2010 2015Purchased or Imported Water Central Basin Municipal Water

District 3,627Purchased or Imported Water West Basin Municipal Water

District 17,397Groundwater Central and West Coast

Subbasin 17,073 5,914Recycled Water West Basin Municipal Water

District 219 393TOTAL 29,886 27,331

Source:

Water Supply Source 2010 2011 2012 2013 2014 2015Groundwater Central Subbasin in the Coastal

Plain of Los Angeles Groundwater Basin 3,230 3,260 3,250 2,920 2,861 430

Groundwater West Coast Subbasin in the Coastal Plain of Los Angeles Groundwater Basin 13,843 13,116 12,732 12,738 13,333 5,484

Groundwater Total 17,073 16,376 15982 15658 16,194 5,914 Source:

Table 8a. Historical Water Supply All Sources (AFY)

12,594

GSWC 2010 UWMP, Table 4-1GSWC 2015 UWMP, Table 6-8

GSWC 2015 UWMP, Table 6-1 (2010-2015)

Table 8b. Historical Groundwater Supply by Aquifer (AFY)

Table 9. CBMWD UWMP Projected Supply and DemandTable 9a: Regional Normal Year Supply and Demand Comparison (AF)

Table 9b: Regional Single Dry Year Supply and Demand Comparison (AF)

Table 9c: Regional Multiple Dry Years Supply and Demand Comparison (AF)

Supply totals 307,980 312,241 315,493 316,737 317,981

Regional Normal Year Supply and Demand Comparison2020 2025 2030 2035 2040

Difference 3,421 5,643 6,498 8,102 8,302Demand totals 304,559 306,598 308,995 308,635 309,679

Supply totals 307,980 312,241 315,493 316,737 317,981

NOTES:

Regional Single Dry Year Supply and Demand Comparison2020 2025 2030 2035 2040


317,981Demand totals 306,386 308,438 310,849 310,487 311,537

First year

Supply totals 307,980 312,241 315,493 316,737

Difference 1,594 3,803

NOTES:

Regional Multiple Dry Years Supply and Demand Comparison2020 2025 2030 2035 2040


4,644 6,250 6,444

Second year

Supply totals 307,980 312,241 315,493 316,737 317,981

308,438 310,849 310,487 311,537Difference 1,594 3,803 4,644 6,250 6,444

NOTES:Third year

Supply totals 307,980 312,241 315,493 316,737 317,981Demand totals 306,386

Table 10. WBMWD UWMP Projected Supply and Demand

Table 10a: Regional Normal Year Supply and Demand Comparison (AF)

Table 10b: Regional Single Dry Year Supply and Demand Comparison (AF)

Table 10c: Regional Multiple Dry Years Supply and Demand Comparison (AF)

NOTES:

151,503 151,523 151,775 151,332Difference (20,342) 0 0 0 0Third year

Supply totals 124,894 151,503 151,523 151,775 151,332Demand totals 145,236

Second year

Supply totals 124,894 151,503 151,523 151,775 151,332Demand totals 145,236 151,503 151,523 151,775 151,332Difference (20,342) 0 0 0 0

151,332Demand totals 145,236 151,503 151,523 151,775 151,332

First year

Supply totals 124,894 151,503 151,523 151,775

Difference (20,342) 0 0 0 0

NOTES:

Regional Multiple Dry Years Supply and Demand Comparison2020 2025 2030 2035 2040

Difference 0 0 0 0 0Demand totals 142,470 148,618 148,637 148,884 148,450Supply totals 142,470 148,618 148,637 148,884 148,450

NOTES:

Regional Single Dry Year Supply and Demand Comparison2020 2025 2030 2035 2040

Difference 0 0 0 0 0

Regional Normal Year Supply and Demand Comparison2020 2025 2030 2035 2040

Demand totals 138,320 144,289 144,308 144,548 144,126Supply totals 138,320 144,289 144,308 144,548 144,126

(Acre-Feet)Average

YearDry Year

Average Year

Dry YearAverage

YearDry Year

Local GroundwaterFrom Natural Recharge 1,011,000 1,007,000 1,004,000 1,005,000 1,005,000 1,006,000Replenishment 292,000 298,000 297,000 297,000 297,000 297,000

Local ProjectsGroundwater Recovery 143,000 139,000 163,000 162,000 167,000 167,000Recycling 436,000 427,000 486,000 482,000 509,000 507,000Seawater Desalination 51,000 56,000 51,000 56,000 51,000 56,000Local Runoff Stored 110,000 102,000 110,000 102,000 110,000 102,000Los Angeles Aqueduct 261,000 113,000 264,000 125,000 268,000 133,000IID-SDCWA Transfer and Canal Linings 274,000 274,000 282,000 282,000 282,000 282,000Total 2,578,000 2,416,000 2,657,000 2,511,000 2,689,000 2,550,000

Table 11. Metropolitan UWMP Projected Supply

2020 2030 2040

Water Sources Details 2020 2025 2030 2035 2040

Purchased or Imported Water Central Basin Municipal Water District

2,800 2,800 2,800 2,800 2,800

Purchased or Imported Water West Basin Municipal Water District

13,371 13,792 14,216 14,645 15,080

Groundwater Central Subbasin in the Coastal Plain of Los Angeles Groundwater Basin

3,100 3,100 3,100 3,100 3,100

Groundwater West Coast Subbasin in the Coastal Plain of Los Angeles Groundwater Basin

7,502 7,502 7,502 7,502 7,502

Groundwater

West Coast Subbasin in the Coastal Plain of Los Angeles Groundwater Basin (leased water)

5,498 5,498 5,498 5,498 5,498

Recycled Water Purchased from WBMWD 809 809 809 809 809Total Supply 33,080 33,501 33,925 34,354 34,789

Total Normal Demand 33,080 33,501 33,925 34,354 34,789

Supply/Demand Difference 0 0 0 0 0

Water Sources 2020 2025 2030 2035 2040Available Supply (AF)Total Supply 33,080 33,501 33,925 34,354 34,789Normal Year Supply 33,080 33,501 33,925 34,354 34,789% of Normal Year 100% 100% 100% 100% 100%

Total Dry Demand 33,080 33,501 33,925 34,354 34,789Normal Year Demand 33,080 33,501 33,925 34,354 34,789% of Normal Year 100% 100% 100% 100% 100%

Supply/Demand Difference 0 0 0 0 0

Source: GSWC 2015 UWMP, Tables 4-1 and 4-2, 6-9, 7-1, 7-3

GSWC 2015 UWMP, Tables 4-1 and 4-2, 6-9, 7-1, 7-2

Table 12. Projected Normal Year Supply and Demand Comparison (AFY)

Available Supply (AF)

Supply/Demand Comparison

Demand (AF)

Supply/Demand Comparison

Source:

Table 13. Single Dry Year Supply and Demand Comparison (AFY)

Demand (AF)

Water Sources 2020 2025 2030 2035 2040

Supply totals 33,080 33,501 33,925 34,354 34,789Demand totals 33,080 33,501 33,925 34,354 34,789






Source:

Table 14. Multiple Dry Year Supply and Demand Comparison (AFY)

First year

Second year

Third year

GSWC 2015 UWMP, Tables 4-1 and 4-2, 6-9, 7-1, 7-4

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Appendix A West Basin Adjudication

J

2

3

11

5

6

7

8

9

10

j _...

Judgment entered

August 22, 1961

Boo!< 4291,

Page 62

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY O~ LOS ANGELES

11 CALIFORNIA WATER SERVICE COMPANY, et al,

12

13

14

15

16

17

Plaintiffs.

vs .

CITY OP COMPTON, et al,

Defendants .

No. 506,806

JUDGMENT

18 The above-entitled matter came on regularly for .further

_ _.;;, .... r t I '

19 trial before the Honorable George Francis, Judge of the Superior

20 Court of the State of California, assigned by the Chairman of

21 the Judicial Council to sit in this case on Friday the 21st

22 day of Juiy, 1961. Thereupon plaintiffs filed a dismissal of

23 the action as to certain defendants named in the Complaint,

24 and in the amended Complaint herein who are not mentioned or

25 referred to in Paragraph IV of thi s Judgment, and the furth~r

26 trial of the action proceeded in respect to the remaining

'27 parties.

28 Oral and documentary evidence was introduced, and the

29 matter was submitted· to the Court for decision. The Court having

30 made and filed its Findings of Fact and Conclusions of Law:

31 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED

32 .AS FOLLmvs:

r There t:x Ls ts in the county of Los Angeles, State of Cali

fornia, an ma.h. J·iJ: round water basin or reservoir known and here -

11 inafter ref'1;·1.'l'...:d to as "West Coast Basin" or the "Basin,' and

,,

'(

IJ

'·I 1 ()

l 1

l u

1 '(

.t.H

19

20

21

25

26

27

30

31

32

1I11' r011rni<11· I 1•:,; tllez·eof are described as follows:

(:, i111111encing at a point in the Baldwin Hills about

1300 r~...: L north and about 100 feet west of the intersec

tion ot' Marvale Drive and Northrldge Drive ; thence througl i

a poillL about 200 feet northeasterly along Northridge

Drive rnim the: intersection of Marvale and Northridge

Drives to the base of the escarpment of the Potrero

fault; thence along the base of the escarpment of the

Potrero fault in a straight line passing through a

point about 200 feet south of the intersection of

Century Find Crenshaw Bofilevards and extending about

2650 feet beyond this point to the southerly end of

the Pott·er·o escarpment; thence from the southel' lY cnu

of the Potrero escarpment in a line passing about 700

feet south of tho intersection of Western Avenue and

I mperlal Boulevard and aboLtt lJOO feet north of the

intersection of El Segundo Boulevard and Vermont

Avenue and about 1700 feet south of the intersection

of' El Sel5Undo Boulevar·d and Figueroa Street to the

northerly end of the escarpment of the Avalon-Compton

fault at a point on said fault about 700 feet west of

the intersection of Avalon Boulevard and Rosecrans

Avenue; thence a long the escarpment of the Avalon

Compton fault to a point in the Dominguez Hills located

about 1300 feet north and about 850 feet west of the

interuection of Central Avenue and Victoria Street;

thence along the crest of the Dominguez Hills in a

stra1gl1t line to a point on Alameda Street about 2900

- 2 -

'·

.,

11

'•

11

I!

~

l ll

ll

1 .,

l _·,

11.

l '._,

11 •

l'(

lli

l• J

2 l •

·- C'J

2L-,

2_~

21.,

2'..:

~L'.t

27

2[;

2SI

311

3J

32

f e et no1·Lh of Del Amo Boul evard as measured along

Alamed11 ~;Lree ~; Ll1enoe in a straight line extending

tlirougl1 .i po1.nt locat.;d on TJ~l Jl.n10 Boulevard abOL1t

900 fe1 ~ ~ust of Lhe Pacific Electric fiailway to a

point i.1L111 t1I; 100 fi:;et north ;:ind west oi' the lnterse.;-

tion oJ' tlli-.by Road 011d Del Mor Avenue; thence in a

str aitSl1 1 J i lle to u point locul;ed about 750 feet Wl:)St

and abo1 1~ 730 i'eut south of the intersection of Wardlow

Road ru11 t Long Beach Bouleval'd at the escarpment of the

Che r ry 111 11 f't.mlt; thence along the escarpment of the

Che r ry ttlll faL1lt througl\ t l il:l intersection of Orange

Avenue 011d \'/.illow Str•eet to a point about 400 .feet east

of the iutersection of Walhut and Creston Avenues; thenc e

to a po'i 11t on Pacifi c Coast Highway about 300 feet west

o f its .i.ptersection with Obispo Avenue ; thence along

Pacifi .:; 1:oc.at Hlghway easterly to a point located about

650 fc~l west of the 1ntersectlon of the center line of

said Pac: Lfic Coast Hlghway with the intersecti on of the

center l. Lue of Lal<ewoou Boulevard; thence a l one; the

escarpn11 .. 11t of the ReservoiL· Hill fault to a point about

650 fed. 11orth and about 700 feet east of the intersection

of Anah .... i m Stl'eet; and Ximeno Avenue; then ce along the

trac e ot' .:;aid Reservoir Hil l fault to a point on the Los

Angelei; - Orange CoLlnty line about 1700 feet nor t heast

of the l.\l ng Beach Ci ty l imit measured along the County

l i ne; tl 1unce along said Los Angel es - Orange County 1 ine

in a souLlw1esterly direction to the shore l ine of the

Pacifi c Ocean; thence in a northerly and westerly direc

tion alu1~ the shore line of the Pacific Ocean to the

ir1ter ac.-t·1on of sald shore line with the southerl y end

of the 0~alnage d1v1de of the Palos Verdes Hills; thence

a l o ng tl'1e: drainage divi de of the Palos Verdes Hills to

-3-

l the intersection of the northerly end of said drainage

2 divide with the shore line of the Pacific Ocean; thence

3 northerly a:ong the shore line of the Pacific Ocean to the

4 intersection of said shore line with the westerl y projec-

5 tion of the crest of the Eallona escarpment; thence easterly

6 along the crest of the Ballona escarpment to the mouth of

7 Centit1ela Creek; thence easterly from the mouth of

8 Centinela Creel< across the Baldwin Hills in a line enoom-

9 passing the ent i re watershed of Centinela Creek to the

10 point of beginning.

11 The area included within the foregoing boundaries is approx-

12 ireatP-ly 101,000 acres in extent .

13 II

14 A water year , as that term is used herein, is a twelve-

15 month period beginning October 1 and ending September 30.

16 III

17 The Wetermaster shall be the Department of Water Resources

18 of the State of California, to serve at the pleasure of the Court,

19 and said Watermaster shall administer and enforce the provisions

20 of this Judgment and the instructions and subsequent orders of

21 this Court, and shall have the powers and duties hereinafter set

22 forth. I f any such provisions, instructions or orders of the

23 Court shall have been disobeyed and disregarded, said WatePmaster

24 is hereby empowered to report to the Court such fact and the

25 circumstances ccnneeted therewith and leading thereto .

26 IV

27 Certain of the parties to this action have no righ~ to

28 extract water from the Basin. The name of each of said parties

20 is listed below with a zero following his name, and the absence

30 of such right in said parties is hereby established and declared.

31 Certain or the parties to this action and/or their successors in

32 interest are the owners of rights to extract water from the Basin,

-4-

1 which 1'ights are of the same legal force and effect and without

2 priority with reference to each other, and the amount of such

3 rights, stated in acre-feet per year, hereinafter referred to ae

4 "Adjudicated Rights " is listed below following such part:.ies 1

5 names, and the rights of the last-mentioned part:.ies are hereby

~ ·locl~red and established accordingly. Provided, however, that

7 the Adjudicated Rights so declared and established shall be

8 subject to the condition that the water, when used, shall be put

9 to benefic i al use through reasonable methods of use and reason-

10 able methods of diversion; and provided further that the exercise

11 of all of said rights shall be subject to a pro rata reduction,

12 if such reduction is required, to preserve said Basin as a common

13 source of water supply . The parties hereinafter listed whose

14 na~es are preceded by an asterisk (~) have approved the Exchange

15 Po~l Provisions contained in paragraphs 7 to 14, both inclusive,

16 of the Agreement and Stipulation for Judgment filed herein.

17

18

19

20

21

22

23

PARTY AND SUCCESSOR, IF P..N'i

JOE ABEGG

FRANK ABELL

ALEXANDER ABERCROMBY Henry Abercromby

one Fred Roland Cooper one Ted R. Cooper one Roy F. Knapp

24 AIRWAYS WATER COMPANY (Incorporated)

25 H. A. ALLEN

26 ·*ALLIED CHEMICAL CORPORATION, a corporation, formerly General

27 Chemical Company

28 ALJMINUM COMPANY OF AMERICA one U.S. Navy Department

29 AMERICAN RADIATOR & STANDARD SANITARY

30 CORPORATION, a corporation

31

32

-5-

ADJUDICATED RIGHT

0

1.8

0

0

0

255.0

0 1. 7

0

1

2

3 ,, 5

6

7

8

9

10

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

·!!REMBERT C, !\NDERSON *f.llen W. lishburn ·Jtf,nn F, Ashburn *Martha D. Bingham *Laura Bonanno *Louise Casey also known as *Louise Casey Gibson *Ruby Decius sued as Jane Doe 19 *Ruby F. Joel *Catherine Lass sued as Jane Doe 18 *Catherine B. Maddox *Louisa Watson sued as Jane Doe 17 *Hazel Parsons *J. W. Parsons ·itMyrtle Mae Parsons *Alexander Poggi *One Freda E. Poggi *Mary Richley sued as Jane Doe 16 x·nevisees of Gurney E . Newlin, deceased, to wit :

*Helen Newlin Hastings *Robert Pusey Hastings *Thomas Newlin Hastings *Helen Hastings Schribner *Edith Hastings Murphy *George R. Bell , Jr. *Thomas Elwood Bell

KATHLEEN M. ASHBRCOK, formerly Kathleen M. Davies

one J & E Investment Co.

ATCHISON , TOPEKJ\ 8:; S/1NT:\ FE RAILWAY COMPANY, (The) , a corporation

AZEVEDO ESTATE COMPJ\NY, a corporation

JOHN AZVEDO

WM . D. BAILEY Harry C. Cain Jesse E. Cain Dorothy Luther sued as Dorothy F. Luther Harold M. Luther

E . W. BALD\1/ IN

FRf,NK A. Bl\LLJVIJ\N and ROSEMARY N. BJ\LLMJ\N f ... ~c/Q'S~ r-1. ,-1 l}urv d..c.-Jt11I (l .. ,..,_. "Y , ~ C' P" ;h;,. ...

BANK OF AMERICA NATIONf1L TRUST f,'f\1D SJ\VINGS ASSOCIATION, as Trustee (under its Trust BI-100)

BJ\NK OF .AMERICJ', Nf1TION/\L TRUST AND SAVINGS /\SSOC!t\TIOl'J , as Trustee (under lts Trust BI- 51)

GEORGE W. B.r\RNJl.RD and JOSEPH A. Bt.RN,\RD, as Trustees under the last will and testament of ANNIE E. BARNARD

one Fritz B, Burns.

MRS. ANNA T. BARNES one Alfred 0. Barnes

-6-

80.5

0

0

0

0

0

0

7 .0

0

0 .1

0

0

0. A. BAUMAN

JCHN H. BECHTEL

1

2

3 one .H1vers1de Cement. Company

,, RFGO CORPORATION, a corporation one Arthur J. Delaney

J. W. BELLES one L. W. Mason one S. M. Mason

5

6

7

8

9

BELVIDERE MUTUAL \..'ATER COMPANY

JAMES BERARDINO, sued as Jamee Bernardino and Jim Berardino, sued as Jim Bernardino

P . BER.DOI.LT T. J. Heithold

A. M. BERNARD

10

11

12

13 14

15

16

17

18

one Moneta Gardens , Inc . , a corporation

H. W. BEST

LOUIS BIZEGO

ALEXAl'H>ER R. BLACK one Libe1'ty Investment Company

ARTHUR A. BLAIN, SR. , sued as A. A. Bl ain

N. J. BLAIS 19 one Michael Chuchor

one Albert J. Sahm 20

H. H. BLAKE 21 one Pearl E. Grady

22 ARNOLD BLOEMSMA, sued as Arnold Bloesmo

23 BODGER REALTY COMPANY, (The),

24 a corporation

25 COLIN J. BOONE Clarence J. Lamb

26 Lora Lamb

27 ANNA BOONSTRA Tedde Boonstra

28 one M. V. Deniz

29 CHARLES P. BOWMAN, sued as Pat Bowen

30 Ann Bowman

31 one Harlan T. Maples

WAYNE E. BROOKS 32 one Artie Waller

one V. W. Waller -7-

0

0

0 LI . l

0

33.4

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

2

3

4

5

6

7

8

9

10

CARL L. BROWN

EDA BlJCI<.MASTER .Rose Faure Frank X. Girard Julia Girard John Oddoris Paul Oddoris Marie Girard Seal sued as Marie Girard

one Frank Girard

BlJLTRY CORPORATION, a corporation one Paul E. Black One Ronald L. Black

E. D. BURKE, sued as E. W. Burke

*W. F. BURKE 11 Lois Price Burke, sued as Jane Doe 14

12 M, P . BUTTE

13 *CALIFORNIA WATER SERVICE COMPANY , a corporation - "'7 :s G.41·~" 4u,., A',.:4,1. ar.J.

14 HUGH N. CAMERON

15 Ysaburo Mishima Satsuki. Mishima

16

17

l8

JACK C. CARLTON

ELOISE CARRELL

FRANK R. CARRELL, estate 19 Tom Ware and James Blake,

as co-executors of the last 20 will & testament of Frank R. Carrell,

deceased, 21

22 *CARSON ESTATE COMPANY

J . F. CAVANAUGH

0

0

0

0

9.5

0

3071 . 0

0

0

0

0

130.0

0 23

24 CE~TTL~ELA VALLEY UNION HIGH SCHOOL DISTRICT 0

MARY RIORDAN CHAMBERS, sued as 25 Mo.ry R. Chambers

26 MARY R, CHAMBERS AND DAN MURPHY COMPANY , a corporation

27 *CRANSLOR- CANFIELD MIDWAY OIL CO.

28 Now Chanslor -Western 011 & Development Co.

29 CLEM CHRTSTTE

30 6hB1 cmUO'.PIE, DO!c~ Q ' .FGm. • A-l'm-

31 !JI]'OH I 0 P 'tffi'J ~ '£? _;; boos oi b!Je Wilming;t.en

32 Ge111e !.e 13 Auoblla61ott

-8-

0

0

104.0

0

02 f)1:i&-b1,;u·d Ci:'f. 17, 1P6 I t'H/r .

1

2

3

4

6

7

8

JENNIE M. CLARK

WILFORD H. CLARK, sued as W. H. Clarl~ and Ida E. Clark, sued as Jane Doe 1

MRS. LOIS CLIFT

COAST INVESTMENT COMPANY, a corporation

EDMOND S. COLLINS

LILY COLTRIN

COLUMBIA BROADCASTING SYSTEMS, INC ., 9 sued as Columbia Broadcasting Co.

10 COMMUNITY AIRrORTS, INC ., a corporation

11

12

13

14

15

16

17

18

19

20

21

22

V. G. COMPAREI'TE

CITY OF COMPTON

COMPI'ON BRICK & TILE COMPANY, a corporation

COMPTON UNION HIGH SCHOOL DISTRICT

F. A. CONO\lER

A. CORTRITE

EDWARD COST and EMILY COST, sued as Emily Costa

ERNEST COST

DANIEL CROWLEY

OWEN W. CURTIS

LOUIS DALLAPE, sued as 23 Louis Dallapi

24

25

26

27

TOM DALLAPE

MIKE DARBEAIAN, sued as John Doe 25

LUIGI DeBARNARDI

GERASrnos K. DEFTERIOS 28 one Anna G. Defter1os

29 *DEL foJ~O ESTATE COMPANY

30 HENRY M. DENISON

31

32

one Frank A. Basso

FRANK DERMODY

-9-

0

0

0

0

0

0

18.5

0

0

0

0

0

0

0

7 . 4

0

0

3 .8

0

0

0

0

0

121.0

0

0

1 G. DIBLE

2 MRS. H. DIEGO

3 JOHN DIONNE one Eleanor G. Dreher

4-LEESA DOMBROWSKI

5 one Darthmouth Homes, Inc .

6 *DOMINGUEZ ESTATE COMPANY

7 *JOMINGUEZ WATER CORPORATI ON

8 MRS. RAY DONALD

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

one Pauline H. Wilson

THE DOW CHEMICAL CO., a corporation

CRISTINA O. DRALE O'Brien Z. Dra l e

CHAS. L. DRAPER, one James H. Alleman one Flora M. Draper one Bernice Alleman Bess M. Feder Ben T . Johnston Genevieve K. Miles Ikuko Nakawatse Frank Wirz

one Allcast Foundry

A. J. DURAND

DAISY EARLY H. J. Early and one Vickers, I nc.

EAST GARDENA WATER COMPANY

EDISON SECURITIES COMPANY, a corporat i on sued as Richard Roe Company 13

C. O. EDWARDS W. J. Edwards

EL CAMINO JUNIOR COLLEGE DISTRICT

LATHROP M. ELLINWOOD one Isamu Kita one Kazuo Kita one Yoshil<i R. Kita

CLINTON c. ELLIOTT, sued as C. C. Eliot

Georgia M. Elliott Juluis G. Elliott Frank M. E111ntt

*CITY OF EL SEGUl'IDO

EL SEGUNDO LAND & IMPROVEMENT COMPANY, a corporatlon

-10-

0

0

0

0

254.0

9477 .8

0

0

0

0

7.2

0

111.0

0

46.7

0

0

0

32.6

0

953 .0

0

l

2

3

4 (' l

6

7

I'S

9

10

11

12

13

14

15

16

1'1'

1$

19

20

21

22

23

24

25

26

27

2e 29

30

31

32

GDJRGE ENGU.ND

'CA!W'Lli.jE 'El'CHEMEI1iDY, sued as Jane Doe 12

M.ariL1na T. Etchemend~r, sued . ~s Jane Doc. 11

* CARJ'V[ELI'l'A ROSECRANS EWING , sued as C. F. Rosecrans and "* r,.,. k~er .-1,,t;,.I /,.el 46,i?rd

W. S. Rosecrans ., ¥- .,iftd C *17~

OSCAR FALCINELLA & MIKE FALOINELIA

FRED FIESEL

MAXWELL C. KING

JM.fES L. FIT'l'INGER

,,~FLETCHER OIL COMPANY, a corporation composed of D. s. Fletcher

F. 0. Fletcher Hel en Fletcher O'Connell and Idaho Fidelity Corporation

ROLLA FORD

FOX HILIS oounrRY CLUB

TONY FRIEfAS

W. J . FROGGE one Sigmund S. Hockwold one Lionel S. Hockwold

HERBERT SAKAYE FUKlJWA

A. O. FULLER Helene M. Fuller

ROBERT L. FULLIIOVE

JOE GAlDARISI Brody Investment Company

AMADOR GARCIA Eva Garcia

ARTHUR B. GARCIA Arthur D. Garcia, sued as June Garcia

JOSE H. GARCIA

GARDENA SYNDICATE NO . 2

GARDENA WATER SUPPLY cmrlPANY

GAY LAND COMPANY, LTD. , a corporation

V. M. GP.RA.GOS IAN one Stanley N. Lewi s

GEORGE F. GETTY , INC.

- ll-

0

91.3

0

0

0

0

$6.3

0

0

0

0

12., 5

0

0

1. 0

0

0

0

0

0

0

0

0

0

..

1

2

3

4

5

6

CAROLINA GIACIOMAZZI, sued as Mrs . C. Gia~iomagzi

ALBERT GL4NNI

AVtANDA L. GILLINGH.AM , sued as Jane Doe 20

Floyd 1; . Gillingham, sued as (John Doe 24) Josephine Gillingham, sued as (Jane Doe 21)

0

0

0

7 ~FLORENCE R. GILLINGHAM ;v. l«lt~" l,_k.q "'~·· l'J-.l'iit 2. 4 Thora Pursche

8 Nellis P , ~m.ith 0r~ .. ,,s~ -Anl'le: M. l't1I sef1e i)1~e/tJ;,_c/ Alo .~ ,5, tfl r,, J

9

10

11

12

13

14

15

16

17

18

19

MRS . MATEA GIML~EZ

LALLA D. GODDARD Ralf Goddard

WM. H. GOLDSMITH Cliff Ralph

FELIPE GONZALEZ Gabriela Gonza:es

T . B. GOOSSEN

WILLIAM W. GORDON, sued ns John Doe Gordon

BERTHA GOSS one Property Mani:igement Corporation

GEORGE GR.ANDE

0

0

0

34 .3

0

0

0

0

59 . 0

21

22

ISABELA GRANZ 380

23

24

25

26

27

Andrew R. Joughin Minnie Joui;hin George Riley Murdock , successor of Matilda J . Murdock Lillian M.urclocJ{ Srmborn , successor of Matilda J. Murdock Emma J. Osbor>n Security-First National Bank, as Trustee of Trust No. P 1734, sued as Farmers & Merchants National Bank of Los Angeles, as •rrustee John Joughin Tu"Ctle

{now Joughin Torrance Ranch)

28 EIHJARD I. GREEN, sued as E. J . Green

29 one Florence D. Green

30 PRICE W. GRESHAM Walter G. Gresham

31 Comer J . Lewis Veleta A. Lewis

32 -12-

0

0

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

BEATRICE S. GRIFFITH W. P. Griffith

one Otto K. Olessen

B. H. GRIGGS Olive W. Griggs

JOSEPH .M. GROSS, sued as Joseph Gross

Myron J. Glauber, sued as John Doe 20, Clarence L. Brown, sued as John Doe 21, and Perfect Properties Inc., a corporation sued as Richard Roe Co. 20.

HENRY M. GUENSER Sophia E. Qllenser

DANIEL GUIDOTTI

CHAS. N. HAIGHT One Grace P. Warden

RAYMOND R. HAILS

WALTER HAMMOND one Contractor's Asphalt Produets Co .

HANCOCK CHEMICAL COMPANY, a corporation

HARBOR CITY DEVELOPMENT COMPANY

R . B. HARDING

'1<·ROY W. HARRIS

HARRIS PUMPING PLANT Leesa Dombrows.<i Carl G. Pursche Anna M. Pursche Harry Krumdick Anna Doherty Mrs. Frank Cota Holly Corporation, a corporation Homer Bales and Ernest Haughton dba and sued as Pursche Water Co,

W. HASEGAWA one Kauffman, Milton, Construction Company, successor)

C. R. HASKINS

FRED M. HAUT one Ivy H. Haut

CITY OF HAWTHORNE

CHARLES R. HAYES one Robert W. Colby one Fe~n M. Colby

-13'- -

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1882.0

0

l

2

3

4

5

6

7

8

9

10

11

12

DAVID P. HEREDIA

E. N. HERMAN

JULIA HERMANSEN

AUGUST HERZOG one Marthe Herzog

1.::: 0

0

0

0

HILLSIDE MEMORIAL FARK, a corporation 16.7

MARY N. HILYARD, sued as Jane Doe 55 Mrs. Monta Templeton, sued as Jane Doe 56

HENRY HIMM.ELFARD Wm. Pirk

one Western Air Compressor Company

T, E. HODNEFIELD

0

0

0

MARIE C. HOFFMAN 0 13 Los Angeles City School District, successor

lU J . P. HOEPTNER 0 Ida B. Hoeptner

15 one Jae!{ I . Gancz one Lillian H. Gantz

16

17

18

19

20

2 1

CLIFFORD HOLLIDAY

W. I. HOLLINGSWORTH one Julius L. Jenkins one Evelyn M. Jenl<ins

*HOLLYWOOD TURF CLUB, e corporation

WILBUR HORNSTRA

0

0

282.0

14.1

C. L. HUDSON 0 22 .,;eo ~~s~~~QHB£-~Q9b- G9MPA~'¥-- ----------- - -- ---- - - --e- - -

2_, G·~ · ARTHUR C, HURT 0

24 one Truman Enterprises, Inc.

25

26

27

28

29

30

31

32

DON C. HADLE.Y 0 one D. W. Sleet one Virgie Sleet

*CITY OF INGLEWOOD 4382. 0

INGLEWOOD PARK CEME.TERY ASSOCIATION, a 0 corporation sued as Inglewood Park Mortuary Assoc.

YOSHI INOSE 0 one SeiJiro Inose

F. C. IRVINE 0

-14-

il1se-'1,:.-d tf /Ir ti,bJ t?e/. VJCul :!5 ,7!i-9

l FRED IWATA 0 John Iwata

2 J. B. D. HOLDING CORP., a 0

3 corporai;ion

4 ~JOHNS-MANVILLE PRODUCTS CORPORATION 881 . 0

5 c. F. JOHNSON 0

6 one Kaoru Wada one Satoru Wada 12.2

7 A. s . JOHNSTON DRILLING COMPANY, a 11.9

8 corporation

o. T. JOHNSON CORPORA'rION 0 9 A. P. Johnson Company sued as ,

10 Richard Roe Company One

:t.<-ANNA MAE JONES, successor to, , ;;~. r.<i.I A ,. J , it;f;I 50 . 2 11 Anne Taylor, deceased (sued

herein as Anna Taylor) 12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

E. F. JONES

W. H. JONES one Leon A. Carpenter and

Darline .N. Carper.tar , successors

JOShlJA- HENDY IRON WORKS

DORA A. KAHLER

OSCAR E. KARR Sherley Karr

CHESTER L. KEHN

K. L. KELLOGG & SONS, a corporation

KELLY PIPE COMPANY, a corporation

LOUIS KELTON

W. G. KILLINGER one Esther N. Lee

JEANETTE B. KINCAID one Fred F. Hoyt one Yvonne A. Hoyt

SARAH S. KING one Crawford Building Corporation

JOHN KRAUSS Dan E. Vall and Barbara M. Vail

CHARLES KULL

GLADYS KURTZ

JOHN LAMPO

-15-

0

0

0

0

0

0

0

49 . 0

0

0

0

0

0

0

3,5

0

l ,.~~fAmrus c. URSEii, sued as 0

3

4

5

6

7

$

9

10

11

12

13

14

15

16

17

18

19

20

22

23

24

25

26

27

28

29

30

:n

M. Larsen

NEIS LAUTRUP 0

'~JAM.ES K. LAWLER , Estate 3,1

LAWNDALE (CITY) SCHOOL DISTRICT 0 OF LOS ANGELES OOUNTY, sued as ~ichard Roe Company 12

ANNA LEACH 0

JOE LEONARDO 0

*° A • LERM ENS '-fr //,, ,-/.,kc/ )/.,.,, ? I ( /Ji 1 0. 7

SMMA L. LENZINGER, sued as J .4 lfrs . E. L. Leuzinger

+LAWRENCE LISTON Al'- ~ di#/ otl. ;i-,; 1r1..t l' i . 1?<0 • 7

PAT LIZZA 0

BEN LONG 0 Persilla long, sued as Pricilla Long

JOHN LONG 0

CITY OF LONG BEACH 0. 7

FRANK LOPEZ 3. 7

~iANUEL IOPEZ 0 one Rudolph E, Lopez

COUNTY OF LOS ANGELES 28 . 7

THE CITY OF IDS ANGELES 1503. 0

LOS ANGELES CITY SCHOOL DIS'!'RICT 0

LOS ANGELES COUN'l'Y FI.OOD CONTROL 37.6 DISTRICT

"-<LOS ANGELES COUNTY SANlTA'l'ION DISTRICT 102, 0 No, 2 , sued as Los Angeles County Sanitary Dis~rict Ho. 2

IOS ANGELES CO Ull'l'Y \TAT~'R \':QRKS, DISTRICT 0 lfo. 1

lOS ArTGELES COUNTY HATER \/ORKS , DISTRICT 1352.0 tlo. 13

WS ANGELES COUNTY \ /ATER \'JORl<S, DIS'fRICT 551.0 No . 22

lOS ANGELES EX'fEt!SION COMPANY

LOS ANGELES INVESTMENr COMPANY

-16-

a 0

1

2

LOS NIETOS COMPANY, a corporation

LOYOLA UNIVERSITY FOUNDATION

3 +LOYOLA UNIVERSITY OF LOS ANGELES, a corporation fr,. 14-. (I, W ,1t.J,., N , ~b I

4 r,onENA MacLEAN

5 one Torrance Land Company

6 PEI'E MADRIGAL

7 S. W. MAGALLANES

8 MANCHESTER AVENUE COMPANY, a corporation one Inglewood Golf' Course, a

9 partnership

10 *MANHATTAN BEACH, CITY OF

11 H. C, MARCH one Victory Oil Company

12 P. T. MARTIN

13 one Arlington Garden Homes Company

14 HOWARD DOUGLAS MARTZ James L. Martz

15 Louise H. Martz

16 RAY F . MATSON, sued as R. F. Matson

17 Florence M. Nielsen

18 FRED MAU

19 *JAMES McCANDLESS

20 ETHEL McCLAIN

21 G, A. McCRACKIU, sued as G. A. Mc Cracken

22

23

24

25

26

M. F. McCULLEY

J . J. McGRANAGHAN

IVAN J. McKERNON one Doris E, Parks one L. Kenneth Parlcs

AIMEE R. MEANS 27 one Prarie Company

28 PAUL MESPLOU

29 J. J. ME'l'ZLER one Kenji Yokoyama and

30 one Miyeko Yokoyama

31 E . B. MILBURN One M. Y. Yamane

32

-17-

0

0

48.1

0

0

0

0

1131 . 2

0

0

0

0

0

6.7

0

0

0

0

0

0

0

0

0

1

3

I+

6

7

$

9

10

11

12

13

14

15

16

17

ia 19

20

21

22

23

24

25

26

27

2a 29

JO

31

32

CARL H. MILLER

MINNEAPOLIS-HONEYWELL REGULATOR COMPANY APPLIANCE CONTR018 DIVISION

YSA~llRO MISHIMA and SATSUKI MISHIMA Hngh N. Camaron

0. MOEN

P. E . MOLINE

MONEI'A MUTUA L WATER cm1PANY

JOE MONIZ JR. , sued as Joe Mo niz

o ne Rose Moniz

B. R. MOODY one Opal B. Edwards

J . B. MOORE

MAMI E S. MOORE

ALICE MORRI SON Eth el Mo rri son

A. H. :MORSE one J. J. Lapidus one B. C. Investment Co ., I nc .

HAROLD C. MORTON, sued as Harold Morton

one All i ed Gardens Corpo r ation

V. Q. MOTT

ARNOLD W. MOELLER Ruth Mueller

SUMIYE NAGAO

HIROSHil~A ~AKAMURA

KIKUNO NAKANO Ben Nakano Geor ge Nakano Helen Nakano Kan Naicano Mary Nakano Taka Nakano Hisao Nakano Nakashima

NARBONNE RANCH ~/ATER CO. No . 2

NARBONNE RANCH v/ATER co . No . 3

NATIONAL ELECTRIC PRODUCTS CORP.

NATIONAL ROYALTIES , INC. , a Corporat ion

0

0

©

0

0

916 . 0

2 . 2

0

0

0

0

0

0

0

0

0

0

19.3

0

0

0

0

1 T. C. NAVARRO one Hilario S. Alwn6

2 one Emma /\limg

3

4

6

7

8

A. L. NRISON Olar' Nelson

one George C. Orr

Rf1W/\Rf1 NICKEL

HENRY W. NICKEN, sued as H. W, Nielsen

one Kenneth D. Durian

J. E. NORMINGTON

9 NORTH AMERICAN AVIATION, INC., a corporation

10

11

12

NORTHROP AIRCRAFT INCORPORATED

WARREN J. OGLE

13

llt.

15

16

JACK ORESKOVICH Harold Walsh

one Harold D. Walsh one Marie L. Walsh

CHISATO OTANI, sued as John Doe 57

PACIFIC CREST CEMETERY COMPANY, 17 Incorporated

18 PACIFIC ELECTRIC RAIWAY COMPANY

19 PACIFIC WESTERN OIL CORPORATION, a corporation

20 PALISADES DEL REY WATER COMPANY

21 (Included in City o.f' Los Angeles)

22 E. PALMER

23 *PALOS VERDES WATER COMPANY, a Corporation

24 G. L. PARCELL and MARGARET PARCELL one Rosie L. Kent

25 ~PARK WATER COMPANY /#r ~ ~k/ od . LJ, t~uJ

26 (',$", 17~-7

27

28

29

MRS . ZORAIDA PARKE

~. JOS:CPH PP.89fHCE

ROY PATTERSON

JOHN PAULIC 30 one John W. Taylor

31 DAVE PEREZ Apuleyo Villagomez

32 sued as A, Villagomez

-19-

0

53.g

0

0

0

G

0

38. 15

0

0

0

17.7

0

0

0

0

999,0

0

160.0

1.8

0

0

0

o~ j),uJ,,..,..,/ ~r /1)./. ... ,1? ,:_,..,,,.fp,.>' Cef /~ /i?(r/

1

?

J

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

Jl

32

PERRY f:IJHflOT nTS'.I'TU~l' CIF IOS ANGELES ,~flUN'l'Y

WM. C. PETERSON

A. E. PHILLEO

PIONEER DRILLING COMPANY, a corporation one Southern Heater Corp.

EDWARD A. PITTS one Clarence E. Harrison one Martha E. Harrison

FRANK X. PRICE

CARL G. PURSCHE AND CARL P. PU'RSCHE doing business as Pursche Pumping Plant

Carl G. Pursche Thora Pursche Anna M. Pursche

one Guarantee Development Co .

CHARLES H. QUANDT , sued as Charles A. Quandt

RICHARD QUINN Hartha Quinn

JOE B. RAr:DS

RANCHO HUTUAL \TATER COMPANY

J. K. RAVEN one Andrea S . Teran

ELIZABEI'H E. REED, sued and formerly known as El izabeth Edna Baker and

Josephine Eilers for whom Domingi.1 ez Estate Compuny has been substituted

Ji'RANK REHOR one Josephine P. Rehor

LUCILLE G. REID Ogden G. Reid

JEANEI'TE REIFSNYDER, also known as Jeanette Avant , and also known as Jeanette Heydenbeck

Galvin Wilson Edward E. Wilson, Jr. Harry R. \lilson Harry R. \'lil son and Jeanette Reifsnyder, also known as .Jeanette Avant, as executors of the estate of Jeanette C. Wilson, deceased. Harry R. ~-/ilson and Jaanette Reifsnyder, also known as Jeanette Avant, as executors of the estate o:f Robert. A. l'lilson, dee eased

-20-

0

0

0

0

0

0

0

0

0

0

0

0

0

0 2 . 2

0

0.7

l

2

3

4

6

7

8

9

10

11

12

13

l 4

15

16

17

18

20

21

22

23

24

25

26

27

23

29

30

31

32

REPUBLIC PETROLEUM COMPANY

LEONCIE RICHARD, devisee of Anna Richard, deceased , and

Edward Ri chard, sued as John Doe Richard

ROSE A. RICHARDSON AND WM , T. filCH.I) RDS0N

one South Normandi e Manor, Inc .

RICHFIELD OIL CORPOR4TION

RING OIL COMPANY

~ FLAVIO RODRIQUEZ

THE ROMAN CATHOLIC ft_RCH.BISHOP OF LOS ANGELES, a corporation sued as, Holy Cross Cemetery

*ROOSEVELT MEMORIAL PARK ASSOCIATI ON

R, E . ROSE Clara M. Rose sued as Jene Doe 8

L. D, ROSSER

ROYAL MUTUAL WATER COMPANY~ a corporation one Delmer D. Kern

HOMER E , RUDD one Kiyor Ide

F, J . RUSS one Ted Shpall one Sam H. Shpal l

RYAN AERONAUTICAL COMPANY, a corporati on

YGNACIO SANDOVAL

C, W. SANGER one Gardena Vall ey Homes, Inc .

*SANTA FE LAND IMPROVEMENT COMPANY

JAMES SCANDA, sued as James Scander George Nasim

FLOYD H. SCHENK, JR , Cora A, Schenk

KEITH W, SCHLAEGEL Opal B. Schlaegel

EDYTHE L. SCHLAEGETER one James Murakami

C, SCHRECKENGAST

W. C, SCHULTZ

- 21-

0

0

0

4428 .0

0

6 .1

72 ,3

0

0

0

0

0

0

20 . 2

0

0

39,5

1.9

0

13 .6

0

0

0

3

5

., 8

9

10

11

12

13

14

15

16

17

lS

19

20

21

22

23

24

25

26

27

28

29

30

31

32

A. D. SEABACK Ruth Seaback

MARVIN SE10VER AND MA.RY ZWEITER one Hitoshi Fujii one 'l'oshije Fujii

SEN'l'OUS HOLDING COMPANY

L . M. SEPULVEDA

IOUIS M. SEPULVEDA AND SECURITY- FIRST NATIONAL BANK, as Trustees under the last will and testament of Roman D. Sepulveda, deceased

P, C. SERBIAN Ruby H. Renfro

W. H. SE\!ARD one R. A. Watt Construct i on Co.

JOHN SHAW Phillip G. Shaw

*CLYDE 1. SHEETS

*SHELL OIL COMPANY

J. M:. SHEPHERD

JAMES W. SHIPY-JAN one Osie R. Shipman

0

0

0

0.7

0

0

0

5. 5

4516 . 0

0

0

SAM SHOR'l' , sued as 0 Sam Sciorti no

ELDON B. SHURTLEFF 0 Marcelle Shurtleff

one Barrett Development Corporation

EDWARD ROY SIDEBOTHAM AND EDWARD 0 SIDEBOTHAM & SON, , INC ., sued as Edward S i debothrun

MRS. MAR! SILVA 0 one Norman A. Leiman

JAMES SIOAN O

A, H. SMITH 9.7 Sam Surber Freda Smith , sued as Jane Doe 9

EUNICE P. SMI'l'H O

BOCONY MOBIL OIL COMPANY, INC. 2570 . 0 (Successor by merger to General Petroleum Corporation)

SOt.YrH BAY UNION l-!IGH SCHOOL OF LOS ANGELES 0 COUNTY , sued as Redondo Union High School District

- 22-

1 ~OUTHERN CALIFORNIA EDISON cm!PANY ~ /I,.. ~,f..,,j A·• 1.r, ·~t·'

2 SOUTHERN CALIFORNIA WA1'ER COMPANY

3 *SOU'l'HERN PACIFIC COMPANY, sued as Southern Pacific Railroad Co .

4

10. 4

6265.3

166.0

5 SOUTH\IEST PROPER'l'IES, INC ., a corporation 0

-f'sOU'l'H\'/ESTERN POR1'LAND CEViEN1' cor.iPANY 0 n a corporation \

one Chandlers Palos Verdes Sand 7 and Gravel Corp. 15 . 0

8 SPANISH- AMERICAN INS'l'I'l'UTE 44.4

9 >:<STt..NDARD OIL COMPANY OF CALIFORNIA

10 ~<STAUFFER CHEMICAL COMPANY

11 E. R. STEPHENSON, sued as E. R. Stevenson

12 L. F. Stephenson

13 MRS . A. V. STEWAR'l'

l~ CLYDE C. STRUBLE one Ames L. Avarc;

15 one Clara Avers

16 SUNSEI' OIL COP.iPANY, a corporation

17 T3E SUPERIOR OIL COl•lPAHY

lB I.DUISE A. SU'l'HERLAND, sued as Bertha L . Sutherland

19

20

21

22

23

24

25

26

27

28

29

30

31

P3GGY S\'lICK

MARIE D. TAIX Edith T . Viole, sued as Edith T . Violi

TAKATOSHI TAMURA one State of California, successor

GEORGE TANAKA Reiko Tanaka

one Susumu Katsuda

J, A. TENPLEI'ON

RUBY TERRY one Reldon G. Pinney and one Nellie B. Pinney

TEXACO INC ., formerly THE TEXAS COMPANY

RALPH THAXTEq, sued as R. F . Thaxter

- 23-

4541. 7

521.0

0

0

0

0

0

()

5, 5

0

0

0

0

0

3432 . 0

3. 5

1

2

3

4

6

7

a 9

10

J1

12

13

14.

15

16

17

1$

19

20

21

22

23

24

25

26

2.'7

29

JO

31

32

THORSON HOMES, HIC ., a corporation 0 J. B. Investment Company, a corporation Anaheim Construction Company, a corporation

TIDEWATER OIL CO ., sued as 167.0 Tide l"/ater Associated Oil Company

~-~l'l'Y OF TORRANCE, a municipal corporation 2519.0

TORRANCE UNIFIED SCHOOL DIS'l'RIC'l'

YING TOY

ALBERT A. TRAUB Jane P. Traub

one Baron Traub

CLYFF A. TR.Ii'iBLE one Mary E. Trimble

OSCAR E. TURNER one Elizabeth .Miller Kolf

*UNION OIL COi1PANY OF CALIFORNIA

UNIVERSAL- CONSOLIDATED OIL COMPANY, a corporation

;<UNITED STATES STEEL CORT'ORATION Columbia-Geneva Steel Divn. successor by merger to Columbia Steel Company

JOSE URIBE

ANHA MAE USSERY and LAWRENCE USSERY one Mike L. Herrback one Rae Herrback

HENRY VAL.DEZ

A, VAN VLIET one Jake Zwaaestra and one Jessie M. Zwaagatra

VAN CAMP SEA FOOD COMPANY

WILLIAM VERBURG, su ed as Menlo Verburg and

Clara B. Verburg

MARY YEI'TER

ENRIQUE A. VILLAam;EZ Ysabel F. Villagomez

FRANK Jo VOLIMER

EDIHN E. \/AGNER

J . F . VAGNER one Orville N. Crafts

JOSEPH F. \'/AGNER

0

0

0

0

0

2670. 0

0

1791.0

0

0

0

0

0

6.7

0

0

0

0

0

0

1

2

3

4

5

6

7

$

9

10

11

12

E. J. UAIT

EARL C. HARD

DANIEL E. WARNER

JOSEPHINE WATKINSON one Mates Tune et al

WATSON IAND CO. sued as Watson Estate Company

N. E. WEEKS

FRANK WESCOTT

WESTON INVES'l'MENT COMPANY, sued as Richard Roe Co. 2,

one K. S. Senness one Charles W. Shepard

BEN \'lESTON

A. K. WI I.SON LUMBER COMPANY, a corporation

0

0

0

0 3.1

42. 6

0

0

184.0

0

0 1) one Martin Bros. Box Company of

California 3.4 14

15

16

17

lS

19

20

21

22

23

24

2.5

26

27

28

29

30

31

32

FP..A NI< \iIRZ

\'- l'HSEBURN SCHOOL DISTRICT .>.,. /I,.., t:.Jrl. 161 1~111

P. J. WITTSTROM

CORA B . \!OOLLEY, sued as Cora B. Hooley

T. W. WOOD I.AND

WOODLAND CEMETERY ASSOCIA'l.'ION

KA'rHERINE P. WOODMAN, sued as F. T. Woodman

HENRY S. WOOLNER

MINNIE V. WREDEN one Golden ~~onroe Homes, Inc.

A. P. WRIGHT , sued as Paul Wright

MAXWELL ZIEGLER

MARY Z\TEIT ER

v

0

8.2

0

0

0

0

3. 7

0

0

0

0

0

\

Each of the parties hereto, their successors and assigns,

and each of their agents, employees, attorneys, and any and all

persons acting by, through, or under them or any of them, on

-25-

1 and after October 1, 1961 , are and each of them is hereby

2 perpetually enjoined and restrained from pumping or otherwise

3 extracting from the Basin any water in excess of sai d party 9 s

4 Adjudicated Rights , except as provided in paragraphs VI and VII

5 hereof.

6 VI

7 In order to add flexibility to the operation of this

8 judgment, each of the part i es to this action who is ad j udged

9 in paragraph IV hereof to have an Ad,judicated Right and who,

10 during a water year, does not extract from the Basin all of

ll such party 7 s Adjudicated Right , is permitted to carry over from

12 such water year tbe right to extract from the Basin in the next

13 succeeding water year an amount of Water equivalent to the

14 excess of hi s Adjudicated Ri ght over his extraction during said

15 water year not to exceed , however-, 10% of such party 9 s

16 Adjudicated Ri ght or two acre- feet , whichever is the larger .

l7 In order to meet. possible emergencies, each of the parties

l$ to thi s action who is adjudged i n p aragraph IV hereof to have

19 an Adjudicated Right is p ermitted to extract from t h e Basin in

20 any water year for beneficial use an amount in excess of each

21 such party's Adjudicated Right not to exceed 2 acre- i'eet or ten

22 per cent (10%) of such partyvs Adjudicated Rights , whichever is

23 the larger , and in addition thereto, such greater amount as may

24 be approved by the Court . If such greater amount is recommended

25 by the VJatermaster, such orde1• of Court may be made~ parte.

26 Each such party so extract i ng water in excess oi' his Adjudicated

27 Rights shall be reqllired to reduce his extractions bel ow his

2a Adjudi cated Right.s by an equivalent amount in the water year

29 next following. Such requirement shall be subject to the

JO proviso that in the event the Court determines that such re-

31 duction will impose upon such a party, or others rel ying for

32 water servi ce upon such party , an unreasonable hardship, the

- 26-

1 Court may grant an extension of time within which such party

2 may be required to reduce his extractions by the amount of the

3 excess theretofore extracted by such party. If such extension

4 of time is recommended by the Watermas~er, such order of Court

5 may be granted ~ parte.

6 VII

7 The parties hereto whose names are preceded by an asterisk

$ {*) in paragraph IV hereof are signatories to the Agreement and

9 Stipulation for Judgment and have not specifically excepted to

10 the Exchange Pool Provisions thereof, The provisions of this

11

12

lJ

14

15

16

17

18

19

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21

22

23

24

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?.7

28

29

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paragraph VII shall be binding upon and applicable to such

signatory parties and to such other part i es as may elect to be

bound hereby, as hereinafter provided.

1. Not less than sixty (60) days prior to the beginning

of each water year , each party having water available to him

through then existing facilities, other than water which any

such party has the right to extract horeunder, shall file with

the Watermaster the offer of such party to release to the ,,,.-

Exchange Pool the a~ount by which such party's Adjudicated

Right exceeds one-half of the estimated total required use of

water by such party during the ensuing water year, provided

that the amount required to be so offered for rel ease shall

not exceed the amount such party can replace with water so

available to him.

Such estimate of total required use and such mandatory

offer shall be made in good faith and shall state the basis on

which tho offer is made, and shall be subject to review and

redetermination by the Watermaster, who may ta~~e into considera

tion the prior use by such party for earlier water years and

all other factors indicating the amount of such total required

use and the availability of replacement water.

-27-

l

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ll

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Any party filing an offer to release water under the

mandatory provisions of this paragraph Vll may al so file a

voluntary offer to release any part or all of any remaini ng

amount of water which such party has the right under this

judgment to pump or otherwise extract from the Basi n , and any

party who is not required to file an offer to release water may

file a voluntary offer to rel ease any par t or all of the amount

of water which such party has the right under this j udgment to

pump or otherwise extract from the Basi n. All such voluntary

offers shall be made not loss than sixty (60) days prior to

the beginning of each water year.

2. Each offer to release water under the foregoing sub

paragraph shall be at the price per acre- foot declar ed and

determined at the time of the filing of such offer by the

relEnsing party; provided:

(a) That sLich price per acre-foot shall not

exceed the price which the releasing party would

have to pay to obtain from ethers, in equal monthl y

amounts , through existing facilitites, a quantity of

water equal i n amount to that offered t o be released, or

(b) If any such releasi ng party has no existing

facilities through which to obtuin water from others ,

such price shall not exceed the sum of t he pr i ce per

acre- foot chare;ed by The. Metropolitan !qater District

of Southern California to West Basin Muni cipal Water

District plus the additional amount per acre- foot

charged by the l atter to municipalities and public

utilities for watei- received from The Metropol i tan

Water District of Southern California .

3. In the event of a dispute as to any price at which

water is offered for release, any party affected thereby may ,

i'J:ithin thirty (JO) days thereafter , by an objection in writing,

~28-

1 refer the matter to the Watermaster for determination. Within

2 thirty (30) days after such objection is filed the Watermaster

3 shall consider said objection and shall make his finding as to

4 the price at which said water should be offered for release and

5 notify all interested parties thereof. Any party to these

6 Exchange Pool Provisions may file with the Court, within thirty

7 (30} days thereafter, any objection to such finding or deter-

8 mination of t he Watermaster and bring the same on for hearing

9 before the Court at such time as the Court may direct, after

10 first having served said objection upon each of the interested

11 parties. The Court may affirm, modify, amend or overrule such

12 finding or determination of the Watermaster. Pending such

13 determination if the water so offered has been allocated, the

14 party making the offer shall be paid the price declared in his

15 offer, subject to appropriate adjustment upon final determina-

16 tion. The costs of such determination shall be apportioned or

17 assessed by the \'Jatermaster in his discretion between or to the

18 parties to such dispute, and the ~latermaster shall have the

19 power to require, at any time prior to making such determina-

20 tion, any party or parties to such dispute to deposit with the

2l Watermaster funds sufficient to pay the cost of such determina-

22 tion, subject to final adjustment and review by the Court as

23 provided in this paraeraph.

24 4. Not less ~han sixty (60) days prior to the beginning

25 of each water year any party whose estimated required use of

26 water durine the ensuing water year exceeds the sum of the

27 quantity of -wat.er which such party has the right under this

28 judgment to extract from the Basin and the quantity available

29 to him through then existing facilities , may file with the

30 Watermaster a request for the release of water in the amount

31 that his said estimated use exceeds his said available supply.

32 Such request shall be made in good faith and shall state the

-29-

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23

2J~

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JO

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32

basis upon which the request is made, and shall be subject to

revi ew and redetermination by the \/atermaster. \hthin thirty

(30) days thereaf'ter the t'/atermaster shall advise, in wr i ting,

those requesting water of the est i mated price thereof. Any

party desiri ng to amend his request by reduc i ng the amount r e

quested may do so af ter the service of such notice. Pr ior to

the first day of each water year the Watermaster s hall determine

if sufficient water has been offered to sat i sfy all request s .

If he determines that suffi cient water has not been offered he

shall reduce such requests pro rata in the proporti on that each

requests bears to the total of all requests . Thereupon, not

lat er than sa i d first day of each water year , he shall advise

a::.l part ies offering to release water of the quantities to be

released by each and accep ted in the Exchange Pool and the price

at which such water is offered. Simultaneously, he shal l advise

a l l parties requesting Viater of the quantities of rel eased water

allocated from the Exchange Pool and to be taken by each party

and the price to be paid therefor.

5. In all ocating Nater whi ch has been offered for release

to the Exchange Pool under subparagraph l, the Viatermaster shall

first allocate that water required to be offered for release and

which is offered at the lowest pri ce pursuant to sttbparagraph 2,

and progressivel y thereafter at the next lowest pri ce or pri ces.

If the aggregate quantity of water requj.red to be released is

less than the aggregtlte quantity of all request for the release

of water made pursuant to subparagraph 4 , he shall t hen allocate

·water vo l untarily offered for release and which is offered at the

l owest price and progress i v.eJy thereafter at the next lowest price

or prices, provided that the total allocation of water shall not

exceed the aggregate of all requests for the release of water.

Any water offered for rel ease under subparagraph 1 hereof

and not accepted in the Exchange Pool and not allocated therefrom

-30-

1 shall be deemed not to have been offered for release and may be

Q extracted from the Basin by the party offering such water for

3 release as if the offer had not been made .

4 Each party requesting the release of water for his use and

5 to whom released water is allocated from the Exchange Pool may

6 thereafter , subject to all of the provisions of this judgment,

7 extract such allocated amount of water from the Basin, in addition

8 to the a:r.ount such party is otherwise entitled to extract here -

9 under during the wate!' J'CBr for which the al l ocation is made .

10 6. From and .:i:'ter the first day of each wster year, all

11 water ext~acted froffi the Basin by any party r~questin~ the re-

12 lease of water end to wha~ wa~er is allocated shall b~ deemed

13 to have been water 1~leas~d un~!l the full a~~unt r~leased for

14 use by him sh2ll have been ta~en , and no such party shall be

15 deer.ied to have extrccted from the Baein any water under his own

16 right so to do until said amount of released water shall have

17 been extracted. Water extracted frol'l the Basin by parties

18 pursuant to their request for the release of water shall be

19 deemed to have been taken by the offerers of such water under

20 their ovm rights to extract water from the Basin.

21 7 . All parties allocat~d water under subparagraph 4 shall

22 pay a unifor m pri ce per acre - root for such water) whi ch price

23 shall be the weighted average of the prices at which the water

24 allocated was offered for release.

25 Each party shall pay to the Watermaster, in five equal

26 installments, an amount equal to the quantity of water allocated

27 to him multiplied by said uniform price . The Watermaster shall

28 bill each such party monthly for each such installment, the

29 first such billing to be made on or before the first day of

30 November of the water year involved, and payment therefor shall

31 be made to the Waterrnaster within thirty (30) days after the

32 service of each such statement . rr such payment be not made

-31-

1 within said thirty (JO) days such payment shall be delinquent

2 and a penalty shall be assessed thereon at the rate of 1% per

3 month until paid. Such delinquent payment , including penalty,

4 may be enforced against. any party delinquent i n payment by

5 execution or by suit commenced by the Watermaster or by any

6 party hereto for the benefit of the Watermaster.

7 Promptly Llr>on receipt of such payment, the Wc:t~rm"lst':'r shall

8 me.!<e payment for the water released and allocated, first , to the

9 party or parti'-'s •J!.ich offered such water at the l::n.'e""~ p:r:ic9,

10 and then throu~1 ~n.c~1.:sdve higher offered p::-ices ur t::i t"•e tota-1

11 a:!.located.

12

13

14

15

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20

21

22

23

24

25

26

27

28

29

30

Jl

32

8. Perties to this action who are not eie'1.'"'.t0ries to said

Agreement a:-!d S~ipul:i.t i0n fr r Ji:d gr.ient, or vr~10 hi<'.'ing sitned

said Agreement have specifically excepted to the E;~cha11gci Pool

Provisions thereof, shall upon filing with this Cou~t and with - -- - - -- _,,..

the Wat_ermaster their agree:nent to be bound by this paragraph VII,

be entitled to the benefits of and be obligated by the provisions

of this paragraph VII.

VIII

No taking of water under paragraph VII hereo.f, by any party

to this action shall constitute a taking adverse to any other

party; nor shall any party to this action have the right to plead

the sr.atute of limitations or an estoppel against any other party

by reason of his said extracting of water from the Basin pursuant

to a request for the rel ease of water; nor shall such release of

water to the Exchange Pool by any party constitute a forfeiture or

abandonment by such party of any pax·t of' his Adjtidicated Right to

water~ nor shall such release in anyWise consLitute a waiver of

such right., altho'.lgh such water, when released under the terms

of this judgment may be devoted to a public use; nor shall such

release of water by any such party in anywise obligate any party

so releasing to continue to release or furnish water to any other

-32-

1 party or his successor in interest1 or to the public generally,

2 or to any part there::>f, otherwise than as provided herein.

3 TI

4 In order to assist the Court in the admi nistration and en-

5 forcement of the provisions of this judgment and to keep the

6 Court fully advised in the premises, the Watermaster shall have

7 tje following duties in addition to those provided for elsewhere

8 herein~

9 1. The Watermaster may require each party, at such party's

10 own expense, to measure and record not more often tha n once a

11 month, the elevation of the static water level in sLtch of his

12 wells in the Basin as are specified by the Watermaster.

13 2. The Watermaster may require 1any party hereto owning

14 any facilities f'or pumping or otherwise e.xtracting water from a t

15 the Basin, at such party's own expense, to instali and/ al.l times

16 maintain in good working order mechanical measuring devices

17 approved. by the Watermaster, and keep records of water production

18 required by the 1vatermaster through the use of such devices.

19 Hcwever, if in the opinion of the Watermaster such mechanical

20 devices are not practicable or feasible, the Waterrnaster may

21 require such party to submit estimat.es of his water production,

22 together with such information and data as is used by such party

23 in making such estimate. Upon the failure of any party to install

24 such device or devices on 01• before the date the Watermaster shall

25 fix for such installation, or to provide the Watermaster with

26 estimates of water production and ini'ormation on which such

27 estitnates are based, the Watermaster may give the Court and the

28 party notice of such failure for proper action in the premises.

29 3. The Watermaster shall collect and assemble the records

30 and other da'ta required of the parties hereto, and evaluate such

31 records and o~her data. Such records and other data shall be

32 open to inspection b¥ any party hereto or bis representative

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1 during normal business hours.

2 L,. The \latermaster shall prepare a tentative budge"(; for

3 each water year, stating the estimated expense for administering

~- the provisions of this judgment. The Watermaster shall tnail a

5 copy of said tentative budget to each of the parties hereto

6 having an Adjudicated Right at least sixty ( 60) days before the

7 beginning of each water year. If any isuch party has any object-

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ion to said tentative budget or any suggestions with respect

thereto, he shall present the same in writing to the Watermaster

within i'ifteen (15) days after service of said tentative budget

upon him. If no objections are received, the tentative budget

shall become the final budget. If objections to said tentative

budget are received, the Watermaster shall, ·within ten (10) days

thereafter , consider such objections, prepare a final budget,

and mail a copy thereof to each such party, together with a state

ment of the amonnt assessed to each such party, computed as pro

vided in subparagraph 5 of this paragraph IX. Any such party

whose objections to said centative budget are denied in whole

or in part by the Watermaster may, within fifteen (15) days after

the service of the final budget upon him, make written objection

thereto by filing his objeccion with the Court after first mail

ing a copy of such objection to each such party, and shall bring

such objection on for hearing before the Court at such time as

the Court may direct. If objection to such budget be filed with

the Court as herein provided, ~hen the said budget and any and

all assessments made as herein provided may be adjusted by the

Court,

5. 1'he fees , compensation or other expenses of the Water

master hereunder shall be borne by the parties hereto having

Adjudicated Rights in the proportion that each such party7 s

Adjudicated Right bears to the total Adjudi cated Rights of all

such parties, and the Court or Watermaster shall assess such costs

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l to each such par~y accordingly.

2 Payment thereof, wl·11Jther or not subject. to adjustment by

3 the Court as provided in this paragraph IX, shall be made by

4 each such party, on or prior to the beginning of the water year

5 to which said final budget and statement of assessed costs is

6 applicable. If such payment by any party is not made on or be-

7 fore said date, the Watermaster shall add a penalty of 5% there-

~ of to such party 9 s statement. Payment required of any party

9 hereunder may be enforced by execution issued out of the Court,

10 or as may be provided by any order hereinafter made by the Court,

11 or by other proceedings by the Watermaster or by any party hereto

12 on the Watermaster 9 s behalf.

13 All such payments and penalties received by the Waterrnaster

14 shall be expended by him for the administration of this judgment.

15 Any money remaining at the end of any water year shall be avail-

16 cble for use the follo\~ing year.

17 6. The Watermaster shall prepare an annual report within

18 ninety (90) days after the end of each water year coverine the

19 work of the Watermaster during the preceding water year and a

20 statement of his receipts and expenditures.

21 7. The Watermaster shall report separately, in said annual

22 report, all water extractions in the Basin by producers who have

23 no "Adjudicated Right.or

24 8. The Watermaster shall perform such other duties as may ~

25 be provided by law.

26 x 27 Any party hereto having an Adjudicated Right who has object-

28 ion to any determination or finding made by ~he Watermaster,

29 other than as provided in paragraphs VII and IX hereof, may

JO make such objection in writing to the Watermaster within thirty

31 (30) days after the date ~he Wa~ermas-r;er gives written notice

32 of the making of such determination or finding, and within thirty

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1 ( 30) days thereafter the Watermaster shall consider said object-

2 ion and shall amend or affirm his finding or determination and

3 shall give notice thereof to all parties hereto having Adjudi-

4 cated Rights. Any such party may file with the Court within

5 thirty (JO) days from the date of said notice any objection to

6 such f'inal finding or determination of the Watermaster and bring

7 the same on for hearing before the Court at such time as the

8 Court may direct, after first having served said objection upon

9 each of the parties hereto having an Adjudicated Right. The

10 Court may affirm, modify, amend or overrule any such finding or

11 determination of the Watermaster.

12 XI

13 The Court hereby reserves continuing jurisd i ction and ,

14 upon application of any party hereto having an Adjudicated Right

15 or upon its own motion, may review ( 1) its determination of the

16 safe yield of the Basin, or, (2) the Adjudicated Rights , in

17 the aggregate, of all of the parties as affected by the abandon-

18 ment or rorfeiuure of any such rights, in whole or in part, and

l9 by the abandonment or forf'eiture of any such rights by any other

20 person or entity, and, in the event material change be found, to

21 adjudge that the Adjudicated Right of each party shall be ratably

22 changed; provided, however, that notice of such review shall be

23 served on all par~ies hereto having Adjudicated Rights at least

24 thirty (30) days prior thereto. Except as provided herein, and

25 except as rights decreed herein may be abandoned or forfeited in

26 whole or in part, each and every right decreed herein shall be

27 fixed as of the date of the entry h~reof.

28 XII

29 The Court further reserves jurisdiction so that at any time

30 and from time to time, upon its own motion or upon application

Jl of any party hereto having an Adjudicated Right, and upon at

32 least thirty (30) days notice to all such parties, to make such

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1 modifica~ions of or such additions to, the provisions of thia

2 judgment, or make such further order or orders as may be nece-

3 ssary or desirable for the adequate enforcement, protection or

4 preservation of the rights of such parties as herein determined.

5 XIII

6 The objections to the Report of Referee and to all supple-

7 mental Reports thereto, having been considered upon exceptions

8 thereto filed with the clerk of the Court in the manner of and

9 within the time allowed by law, are overruled.

10 XIV

11 All future notices, requests, demands, objections, reports ,

12 and other papers and process in this cause shall be given, made

13 and/or served as follows;

14 L Any party herein who, as hereafter provided, has

15 designated or who designates the person to whom and the address

16 at which all said future notices, papers and process in this

17 cause shall be given, shalJ be deemed i:;o have been served there-

1a with when the same b:is been served by mail on such party's

19 designee.

20 (a) AlJ. parties herein who have executed

21 and filed with the Court 11 Agreement and Stipulation

22 for Judgment'' and have therein designated a person

23 thereafter to receive said notices, papers and/or

24 process, have therein and thereby made such designa-

25 tion for said purpose, and such designation shall

26 become effective •lpqn the entry of this judgment.

27 (b) Al: other parties who desire to name a

28 designee for the aforesaid purpose, or any party

29 once having named a designee ·~ho desires to change

30 his designee shall file such designation or change

31 of designee with the clerk of this Court and shall

32 serve a copy thereof by mail on the Watermaster.

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1 2 . Pt11 1 1 tH; he1·eto viho hJve not entered their appearance c

2 who1: e defau.11 h 1:; bee n eni:;crcd and who are atljudged herein tio

.3 have &. Adj11 d if':-,Letl ~Ur,bt , shall lie served with all said futui

l1- no tic es , pa1 ,_ 's and process berej n by r uhli1..;. t,ion of a copy of

5 such said 110 1 It•.: , 1; aµc1' or procl'.h•S ;;Jdl'esscrl Lo, "Parties to

6 the West. BO>, 1j11 1ldj11dication·• ~ said publicat ion shall be made

? once each 111 • 1 J'or two succc:rniv t- 1·1ecks in a newspaper of ,. C)

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~encral cit·1·1, 1. 1 Lin11, 1,1·ini,eJ aml pubJ is tied in tlte County of

Los Angeles, , t.,:1t,e of Galil'ol'!1i<1, tbe last publication of 1·1hic1 1

shall be at. ! wt. ti·10 ~1eel:s ~nd not. more than five weeks i:nmcd ! -

ately precc . .J i 1 • l.lic event; .for 1-1hich said notice is given or

immediately 1 1'cC1.'dlnc: Ll.c cl'l'ccLlvc ll<lte of any order , paper

or process, :i11 Lhc evnnt an el'fccUve date oLher· than the dat,0

o:f its execu t. 1 •f. :i.s f:i xed liy the 1:ourt in respect of any order,

paper or pre,.· .is, (,r said last pul;lJcation sh~ll be made not

more than fi v, ~1..:cLs fo11011ing an event, , the entry of an order

by the Cour1.. , '' 1' dn.e oi' any papm· or process hith respect Lo

which notic "' t , ; gjy ea.

J, AlJ 1 ,rt.J t•::; not. opeci.fiu;-1lJy i·ei'errcu to in sub-

20 paragraphs J • 1J 2 above who a1'e reqtt).red by law to be served

21 with future '' ,\, Jcei:: , l ' HPeJ 'S arnl/or p1·ocess in this cause shall

22 be served tli. : J\Jj Lli jn the manner 1n•ov:Lrlerl by law.

23 xv . 24 None of • 111? pnrtic;; hcrc'Lo shall recover his costs as

25 against any '" 1,," Jill!'t,y.

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Dated: c.ngt1 ;. _ ~l! __ ;&f.Jl__ __ ~~:w_L..,,___c~~anejs Jlldge Assigned ->:b""y~t~ht--e-c=-h-a..,.i_r_m_a_n_of

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the Judicial Council to Sit in Tl1is Case.

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CONFORMt;O COPY ORICINAI.. PILl!O

Superior Court of C&llfornia Countv of Los Angeles

NOV 1 5 2018

~I R. Canor; Exooutrve OfflosrJCl&rk IBV: ROlle.nno Arr'llg11, 00f,)U!y

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

CALIFORNlAWATER SERVICE COMPANY, et al.,

Plaintiff,

V.

CTTY OF COMPTON, etaL,

Defendants.

~ ..... ... ., -... ~. u,~·1· ;· • .d ...... 11 v

Case No. C506806 [Related to C786656]

(Assigned to the Honorable Kenneth R. Freeman - Department 14)

MODIFIED !ID'MlitdiWDRDER GRANTING AMENDMENT TO THE JUDGMENT

[Filed concurrently with Notice of Motion and Motion; Memotandum of PointS' and Authorities; Declaration of Theodore A. Johnson; and Request for Judicial Notice]

Date: November 15, 2018 Time: 3 :00 p.m. Dept.: 14

Action Filed: 7/21rl945

~ORDER GRANTING AMENDMENT TO THE JUDGMENT

l..EGAL0213M67227Y I

l I !PROPOSED] ORDER

2

3 The Motion of Intervenor Water Replenishment District of Soutbem California (l'WRD") to

4 Amend Judgment ("Motion") aame on for hearing on November 15, 2018, in Department 14 of the

5 Los Angeles Superior Court, the Ho11orable Kenneth R. Free.man, Judge presiding. Appearances

6 were made by parties through their respective counsel of record.

7 After considering all the papers filed in connection with the Motion and hearing oral

8 argument, this Court, finding good cause therefore, HEREBY ORDERS AS FOLLOWS:

9 That the Amended Judgment entered on December 5, 2014 in California Water Service

10 Company, e1 al. v. City of Compton, et al,, Los Angeles Superior Court Case No. C506806, be

l 1 amended to add uew Paragraph V.15, wfoch shall read as follows;

12 15. Extraction Exemption

13 Ia recognition of existing seawater intrusion into Basin groundwater supplies, extractions of

14 groundwater shall be permitted by certain entities without an Adjudicated Right to produce

15 ground water within the Basin so long as each of the following criteda are satisfied:

16 l. Only groundwater containing at least 500 milligramsfiiter of cb.loride, as measured at

17 the influent to any faaility used to treat SllC.h water, may be extracted;

l8 2. Extractions must be done by a public agency with statutory authority to clean

19 contaminated groundwater;

20 3. Extractions of such groundwater must provide a Regional Benefit to the Basin as a

21 whole and not just to the extracting party;

22 4. All extractions pursuant to this Paragraph V .15 are subject to payment of the

23 Replen1shment Assessment.

24 s. All new projects that seek to extract groundwater pursuant to this Paragraph V. 15

25 shall be reviewed and approved by the following entities: (1) the Water Rights Panel and (2) WRD

26 in its capacity as the Watermaster Administrative Body. Those entities shall review such projects

27 using the procedures generally described in the following subsections of Paragraph V.13.B:

28 subsections (2), (6), (8), and (9); the second and third sentences of subsection (l ); the first sentence 2

~ORDER GRANTING AMENDMENT TO THE JUDGMENT

LEGAL02/38467227v I

of subsection (4); and the last sentence of subsection (7), The findings of the Water rughts Panel

2 and V..'RD in its capacity as the Watermaster Administrative Body shall include a determination that

3 the project is Technically Feasible and will not cause Material Physical Hann. Any new project that

4 would be carried out by WRD pursuant to this Paragraph V. 15 would not constitute a conflict of

5 interest within the meaning of Paraf:,traph V.13.B (8) as to WRD's role as Watermaster

6 Adminjsttative Body.

7 Any extractions pursuant to this amendment shall be reported on at least an annual basis to:

8 (1) WRD in its capacity as the Watemrnster Ad111inistratlve Boay and (2) the Water Rights Panel.

9 Such report shall include discussion of each of the criteria contained in this Paragraph V.15.

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11 Dated: NO~ 1 5 201U ,2018

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LEGAL02/J846722.7v l

Honorable Kenneth R. freeman Judge of the Superior Court

3 jijR!@ihifa#ml!] ORDER GRANTING AMENDMENT TO THE IUDOMBNT

Appendix B Central Basin Adjudication

1 THIRD AMENDED JUDGMENT

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WILLIAM F. KRUSE (CSB # 090231) LAGERLOF, SENECAL, GOSNEY & KRUSE, LLP 301 N. Lake Avenue, 10th Floor Pasadena, CA 91101-4108 626/793-9400; FAX 626/793-5900 Attorneys for CITY OF LAKEWOOD, CITY OF LONG BEACH

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

CENTRAL AND WEST BASIN WATERREPLENISHMENT DISTRICT, etc.,

Plaintiff,

vs.

CHARLES E. ADAMS, et al.,

Defendant

CITY OF LAKEWOOD, a municipalcorporation,

Cross-Complainant

vs.

CHARLES E. ADAMS, et al.,

Cross-Defendants.

Case No.: 786,656

THIRD AMENDED JUDGMENT

(Declaring and establishing water rights in Central Basin, enjoining extractions therefrom in excess of specified quantities and providing for the storage and extraction of stored water.) Assigned for all purposes to Hon. Abraham Khan Dept. 51


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TABLE OF CONTENTS

I. DECLARATION AND DETERMINATION OF WATER RIGHTS OF

PARTIES; RESTRICTION ON THE EXERCISE THEREOF. ....................................... 13

A. Determination of Rights of Parties. ...................................................................... 13

B. Parties Enjoined as to Quantities of Extractions. .................................................. 14

C. Parties Enjoined as to Export of Extractions. ....................................................... 17

II. APPOINTMENT OF WATERMASTER; WATERMASTER

ADMINISTRATION PROVISIONS. ............................................................................... 17

A. The Administrative Body. ..................................................................................... 18

(1) To Require Reports, Information and Records. ......................................... 18

(2) Storage Projects. ........................................................................................ 18

(3) Annual Report. ........................................................................................... 18

(4) Annual Budget and Appeal Procedure in Relation Thereto. ...................... 19

(5) Rules. ......................................................................................................... 22

B. The Central Basin Water Rights Panel. ................................................................ 22

C. The Storage Panel. ................................................................................................ 26

D. Use of Facilities and Data Collected by Other Governmental Agencies. ............. 26

E. Appeal from Watermaster Decisions. ................................................................... 26

F. Effect of Non-Compliance by Watermaster With Time Provisions. .................... 27

G. Limitations on Administrative Body. ................................................................... 27

H. Regional Disadvantaged Communities Incentive Program. ................................. 28

III. PROVISIONS FOR PHYSICAL SOLUTION TO MEET THE

WATER REQUIREMENTS IN CENTRAL BASIN. ...................................................... 29

A. Carryover of Portion of Allowed Pumping Allocation. ........................................ 29

(1) Amount of Carryover. ................................................................................ 29

(2) Conversion of Carryover to Stored Water. ................................................ 30

(3) Declared Water Emergency. ...................................................................... 30


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(4) Drought Carryover. .................................................................................... 31

(5) Accumulated Drought Carryover. .............................................................. 31

B. When Over-Extractions May be Permitted. ......................................................... 31

(1) Underestimation of Requirements for Water. ............................................ 32

(2) Reductions in Allowed Pumping Allocations in Succeeding

Years to Compensate for Permissible Overextractions. ............................ 32

(3) Reductions in Allowed Pumping Allocations for the Next

Succeeding Administrative Year to Compensate for Overpumping. ......... 32

(4) Reports of Certain Over-extractions to the Court. ..................................... 33

(5) Effect of Over-extractions on Rights. ........................................................ 33

(6) Pumping Under Agreement With Plaintiff During

Periods of Emergency. ............................................................................... 33

(7) Exemption for Extractors of Contaminated Groundwater. ........................ 39

C. Exchange Pool Provisions..................................................................................... 42

(1) Definitions.................................................................................................. 42

(2) Parties Who May Purchase Water Through the Exchange Pool. ............... 43

(3) Procedure for Purchasing Exchange Pool Water. ...................................... 43

(4) Subscriptions to Exchange Pool................................................................. 44

(5) Limitations on Purchases of Exchange Pool Water and Allocation of

Requests to Purchase Exchange Pool Water Among Exchangors. ........... 46

(6) Additional Voluntary Subscriptions. ......................................................... 48

(7) Effect if Category (a) Requests Exceed Available Subscriptions, Both

Required and Voluntary. ........................................................................... 48

(8) Additional Pumping by Exchangees Pursuant to

Exchange Pool Provisions.......................................................................... 49

(9) Reduction in Pumping by Exchangors. ...................................................... 49

(10) Price to be Paid for Exchange Pool Water. ................................................ 49

(11) Carry-over of Exchange Pool Purchases by Exchangees. ......................... 50


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(12) Notification by Watermaster to Exchangors and

Exchangees of Exchange Pool Requests and Allocations

Thereof and Price of Exchange Pool Water. .............................................. 51

(13) Payment by Exchangees. ........................................................................... 52

(14) Payments to Exchangors. ........................................................................... 52

(15) Delinquent Payments. ................................................................................ 52

IV. PROVISIONS FOR THE STORAGE OF WATER AND

THE EXTRACTION OF STORED WATER. .................................................................. 53

A. Adjudication of Available Dewatered Space, Storage Capacity and Storage

Apportionment. ..................................................................................................... 53

B. Avoidance of Material Physical Harm. ................................................................. 53

C. Apportionment of Available Dewatered Space. ................................................... 54

D. Individual Storage Allocation. .............................................................................. 55

E. Community Storage; Regional Disadvantaged Communities Incentive Program.55

F. Limit on Storage. .................................................................................................. 57

G. Extractions of Stored Water; Exemption from Replenishment Assessment. ....... 58

H. Storage Procedure. ................................................................................................ 58

I. Loss of Stored Water/Relative Priority. ................................................................ 59

J. Limits on Extraction. ............................................................................................ 59

K. Increased Extractions in the Central Basin for Certain Water Purveyors. ............ 60

L. Special Provisions for Temporary Storage within Community Storage Pool. ..... 61

M. Basin Operating Reserve. ...................................................................................... 63

(1) Participating Parties. .................................................................................. 66

(2) Determination of Additional Extraction Rights. ........................................ 66

(3) Increase in Extraction Rights. .................................................................... 67

(4) Nominal Fluctuations. ................................................................................ 67

(5) Availability of New Water. ........................................................................ 67

(6) Limitation. .................................................................................................. 68


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O. Limits on Watermaster Review. ........................................................................... 68

P. Hearing Process For Watermaster Review. .......................................................... 69

Q. Trial Court Review ............................................................................................... 69

R. Space Available Storage, Relative Priority, and Dedication of “Spilled” Water. 70

V. CONTINUING JURISDICTION OF THE COURT. ....................................................... 72

VI. GENERAL PROVISIONS. ............................................................................................... 74

A. Judgment Constitutes Inter Se Adjudication. ........................................................ 74

B. Assignment, Transfer, Etc., of Rights. .................................................................. 74

C. Service Upon and Delivery to Parties of Various Papers. .................................... 74

D. Judgment Does Not Affect Rights, Powers, Etc., of Plaintiff District. ................. 75

E. Continuation of Order under Interim Agreement. ................................................ 75

F. Effect of Extractions by Exchangees; Reductions in Extractions. ........................ 75

G. Judgment Binding on Successors, Etc. ................................................................. 76

H. Costs. ..................................................................................................................... 76

I. Intervention of Successors in Interest and New Parties. ....................................... 76

J. Effect of this Amended Judgment on Orders Filed Herein. .................................. 76


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The original judgment in this action was entered on or about August 27, 1965. Pursuant

to the reserved and continuing jurisdiction of the court under the Judgment herein, certain

amendments to said Judgment and temporary orders have heretofore been made and entered.

Continuing jurisdiction of the court for this action is currently assigned to Hon. Abraham Khan.

The Motion of Plaintiff WATER REPLENISHMENT DISTRICT OF SOUTHERN

CALIFORNIA (which originally brought this action under its former name “Central and West

Basin Water Replenishment District”), and of defendants, City of Lakewood, City of Long

Beach, Golden State Water Company, California Water Service Company, City of Los Angeles,

City of Cerritos, City of Downey, City of Signal Hill, Pico Water District, Bellflower-Somerset

Mutual Water Company, LaHabra Heights County Water District, City of Norwalk, Orchard

Dale Water District, Montebello Land & Water Company, South Montebello Irrigation District,

Sativa Los Angeles County Water District, City of Vernon and Central Basin Municipal Water

District (“Moving Parties”) herein for further amendments to the Judgment, notice thereof and of

the hearing thereon having been duly and regularly given to all parties, came on for hearing in

Department 51 of the above-entitled court on December 18, 2013 at 9:00 a.m. before said Hon.

Abraham Khan. This “Third Amended Judgment” incorporates amendments and orders

heretofore made to the extent presently operable and amendments pursuant to said last

mentioned motion. To the extent this Amended Judgment is a restatement of the Judgment as

heretofore amended, it is for convenience in incorporating all matters in one document, is not a

readjudication of such matters and is not intended to reopen any such matters. As used

hereinafter the word “Judgment” shall include the original Judgment entered in this action as

amended to date, including this Third Amended Judgment.

There exists in the County of Los Angeles, State of California, an underground water

basin or reservoir known and hereinafter referred to as the “Central Basin” or “Basin” described

in Appendix “1” to this Judgment.

Within this Judgment, the following terms, words, phrases and clauses are used by the

Court with the following meanings:

“Adjudicated Storage Capacity” means 220,000 acre-feet of the Available Dewatered


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Space which has been apportioned herein for Individual Storage Accounts and Community

Storage.

“Administrative Body” is defined in Section II(A).

“Administrative Year” means the twelve (12) month period beginning July 1 and ending

June 30.

“Allowed Pumping Allocation” is that quantity in acre feet which the Court adjudges to

be the maximum quantity which a party should be allowed to extract annually from Central

Basin as set forth in Part I hereof, which constitutes 80% of such party’s Total Water Right.

“Allowed Pumping Allocation for a particular Administrative Year” and “Allowed

Pumping Allocation in the following Administrative Year” and similar clauses, mean the

Allowed Pumping Allocation as increased in a particular Administrative Year by any authorized

carryovers pursuant to Section III(A) of this Judgment and as reduced by reason of any over-

extractions in a previous Administrative Year.

“Artificial Replenishment” is the replenishment of Central Basin achieved through the

spreading or injection of imported or recycled water for percolation thereof into Central Basin by

a governmental agency, including WRD.

“Artificial Replenishment Water” means water captured or procured by WRD to

replenish the Basin, either directly by percolating or injecting the water into the Basin, or

through in lieu replenishment by substituting surface water (or payment therefor) in lieu of

production and use of groundwater.

“Available Dewatered Space” means the total amount of space available to hold

groundwater within the Central Basin without causing Material Physical Harm, which space is

allocated between Adjudicated Storage Capacity and Basin Operating Reserve.

“Base Water Right” is the highest continuous extractions of water by a party from Central

Basin for a beneficial use in any period of five consecutive years after the commencement of

overdraft in Central Basin and prior to the commencement of this action, as to which there has

been no cessation of use by that party during any subsequent period of five consecutive years.

As employed in the above definition, the words “extractions of water by a party” and “cessation


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of use by that party” include such extractions and cessations by any predecessor or predecessors

in interest.

“Basin Operating Reserve” means a total of 110,000 acre feet of Available Dewatered

Space available for Basin operations as provided in Section IV(L). The Basin Operating Reserve

added to the Adjudicated Storage Capacity equals the amount of Available Dewatered Space.

“Calendar Year” is the twelve month period commencing January 1 of each year and

ending December 31 of each year.

“Carryover” is defined in Section III(A).

“Carryover Conversion” means the process of transferring water properly held as

Carryover into Stored Water, or the water so converted to Stored Water.

“Central Basin” is the underground basin or reservoir underlying the Central Basin Area,

the exterior boundaries of which Central Basin are the same as the exterior boundaries of Central

Basin Area.

“Central Basin Area” is the territory described in Appendix “1” to this Judgment and is a

segment of the territory comprising Plaintiff District.

“Central Basin Water Rights Panel” means the constituent body of Watermaster

consisting of seven (7) Parties elected from among parties holding Allowed Pumping Allocations

as provided in Section II(B).

“CEQA” refers to the California Environmental Quality Act, Public Resources Code

§§ 21000 et seq.

“Community Storage Pool” is defined in Section IV(E).

“Declared Water Emergency” means a period commencing with the adoption of a

resolution of the Board of Directors of WRD declaring that conditions within the Central Basin

relating to natural and imported supplies of water are such that, without implementation of the

water emergency provisions of this Judgment, the water resources of the Central Basin risk

degradation. Such Declaration may be made as provided in Section III(A)(3).

“Disadvantaged Community” means any area that is served by a Water Purveyor and that

consists of one or more contiguous census tracts which, based upon the most-recent United


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States Census data, demonstrates a median household income which is less than eighty percent

(80%) of the median household income for all Census Tracts within the state of California. The

identification of Disadvantaged Communities shall be made by Watermaster following each

decennial census.

“Extraction,” “extractions,” “extracting,” “extracted,” and other variations of the same

noun and verb, mean pumping, taking, diverting or withdrawing groundwater by any manner or

means whatsoever from Central Basin.

“Imported Water” means water brought into Central Basin Area from a non-tributary

source by a party and any predecessors in interest, either through purchase directly from

Metropolitan Water District of Southern California (“MWD”), the Central Basin Municipal

Water District (“CBMWD”), or any other MWD member agency and additionally, as to the

Department of Water and Power of the City of Los Angeles, water brought into the Central Basin

Area by that party by means of the Owens River Aqueduct. In the case of water imported for

storage by a party pursuant to this Judgment, “Imported Water” means water brought into the

Central Basin from any non-tributary source as one method for establishing storage in the

Central Basin.

“Imported Water Use Credit” is the annual amount, computed on a calendar year basis, of

Imported Water which any party and any predecessors in interest, who have timely made the

required filings under Water Code Section 1005.1, have imported into Central Basin Area in any

calendar year and subsequent to July 9, 1951, for beneficial use therein, but not exceeding the

amount by which that party and any predecessors in interest reduces his or their extractions of

groundwater from Central Basin in that calendar year from the level of his or their extractions in

the preceding calendar year, or in any prior calendar year not earlier than the calendar year 1950,

whichever is the greater.

“Individual Storage Allocation” is defined in Section IV(D).

“Majority Protest” means a written protest filed with the Administrative Body of

Watermaster within sixty (60) days following a protested event or decision, which evidences the

concurrence of a majority of the Allowed Pumping Allocations held within the Basin as of the


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date thereof.

“Material Physical Harm” means material physical injury or a material diminution in the

quality or quantity of groundwater available within the Basin to support extraction of Total

Water Rights or Stored Water, that is demonstrated to be attributable to the placement, recharge,

injection, storage or recapture of Stored Water in the Central Basin, including, but not limited to,

degradation of water quality, liquefaction, land subsidence and other material physical injury

caused by elevated or lowered groundwater levels. Material Physical Harm does not include

“economic injury” that results from other than direct physical causes, including any adverse

effect on water rates, lease rates, or demand for water. Once fully mitigated, physical injury

shall no longer be considered to be material.

“Natural Replenishment” means and includes all processes other than “Artificial

Replenishment” by which water may become a part of the groundwater supply of Central Basin.

“Natural Safe Yield” is the maximum quantity of groundwater, not in excess of the long

term average annual quantity of Natural Replenishment, which may be extracted annually from

Central Basin without eventual depletion thereof or without otherwise causing eventual

permanent damage to Central Basin as a source of groundwater for beneficial use, said maximum

quantity being determined without reference to Artificial Replenishment.

“Outgoing Watermaster” is the State of California, Department of Water Resources, the

Watermaster appointed pursuant to the terms of the Judgment before this Third Amendment.

“Overdraft” is that condition of a groundwater basin resulting from extractions in any

given annual period or periods in excess of the long term average annual quantity of Natural

Replenishment, or in excess of that quantity which may be extracted annually without otherwise

causing eventual permanent damage to the basin.

“Party” means a party to this action. Whenever the term “party” is used in connection

with a quantitative water right, or any quantitative right, privilege or obligation, or in connection

with the assessment for the budget of the Watermaster, it shall be deemed to refer collectively to

those parties to whom are attributed a Total Water Right in Part I of this Judgment.

“Person” or “persons” include individuals, partnerships, associations, governmental


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agencies and corporations, and any and all types of entities.

“Recycled Water” means water that has been reclaimed through treatment appropriate for

its intended use in compliance with applicable regulations.

“Regional Disadvantaged Communities Incentive Program” means a program to be

developed by Watermaster in the manner provided in Section II(H) of this Judgment, and

approved by the Court, whereby a portion of the Community Storage Pool is made available to

or for the benefit of Disadvantaged Communities, on a priority basis within the Central Basin.

“Replenishment Assessment” means the replenishment assessment imposed by WRD

upon each acre-foot of groundwater extracted from the Central Basin pursuant to WRD’s

enabling act, California Water Code §§ 60000 et seq.

“Small Water Producers Group” means a body consisting of parties holding no greater

than 5,000 acre-feet of Allowed Pumping Allocation, as set forth on Appendix 3 hereto and as

may be modified from time to time by the Group’s own procedures and the requirements set

forth in Appendix 3.

“Storage Panel” or “Central Basin Storage Panel” means a bicameral constituent body of

Watermaster consisting of (i) the Central Basin Water Rights Panel and (ii) the Board of

Directors of WRD.

“Storage Project” means an activity pertaining to the placement, recharge, injection,

storage, transfer, or recapture of Stored Water within the Basin, but does not include actions by

WRD undertaken in connection with its replenishment activities.

“Stored Water” means water, including Recycled Water, held within Available

Dewatered Space as a result of spreading, injection, in-lieu delivery, or Carryover Conversion,

where there is an intention to subsequently withdraw the water for reasonable and beneficial use

pursuant to this Judgment.

“Total Water Right” is the quantity arrived at in the same manner as in the computation

of “Base Water Right,” but including as if extracted in any particular year the Imported Water

Use Credit, if any, to which a particular party may be entitled.

“Water” includes only non-saline water, which is that having less than 1,000 parts of


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chlorides to 1,000,000 parts of water.

“Water Augmentation Project” means pre-approved physical actions and management

activities that provide demonstrated appreciable increases in long-term annual groundwater yield

in the Basin that are initiated as provided in this Judgment after January 1, 2013.

“Water Purveyor” means a Party (and successors in interest) which sells water to the

public, whether a regulated public utility, mutual water company or public entity. As that term is

used in Section III(B)(6), “Water Purveyor,” in addition to the foregoing, means a Party which

has a connection or connections for the taking of Imported Water through the Metropolitan

Water District of Southern California (“MWD”), or through a MWD-member agency, or access

to such Imported Water through such connection, and which normally supplies at least a part of

its customers’ water needs with such Imported Water.

“Watermaster” is defined in Part II and is comprised of (i) the Administrative Body, (ii)

the Central Basin Water Rights Panel, and (iii) the Central Basin Storage Panel. Watermaster,

and the various constituent bodies of Watermaster, as designated in this Judgment, exist as a

special master pursuant to this Judgment and Watermaster serves at the pleasure of the Court.

Nothing herein shall be construed as creating an independent designation of “Watermaster” as a

public agency subject to the provisions of CEQA, nor does membership or participation as the

designated Watermaster expand any statutory, constitutional, or other powers of the members

serving as part of the Watermaster.

“West Coast Basin” is the groundwater basin adjacent to the Central Basin which is the

subject of a separate adjudication of groundwater rights in California Water Service Company, et

al. v. City of Compton, et al., Los Angeles Superior Court Case No. 506806.

“WRD” or “Water Replenishment District” is the plaintiff herein, the Water

Replenishment District of Southern California, a special district of the State of California, which

brought this action under its former name, “Central and West Basin Water Replenishment

District.”

In those instances where any of the above-defined words, terms, phrases or clauses are

utilized in the definition of any of the other above-defined words, terms, phrases and clauses,


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such use is with the same meaning as is above set forth.

NOW THEREFORE, IT IS ORDERED, DECLARED, ADJUDGED AND DECREED

WITH RESPECT TO THE ACTION AND CROSS-ACTION AS FOLLOWS:

I. DECLARATION AND DETERMINATION OF WATER RIGHTS OF

PARTIES; RESTRICTION ON THE EXERCISE THEREOF.1

A. Determination of Rights of Parties.

(1) Each party, except defendants The City of Los Angeles and

Department of Water and Power of the City of Los Angeles, whose name is set

forth in Appendix 2 and by this reference made a part hereof, and after whose

name there appears under the column “Total Water Right” a figure other than “0,”

is the owner of and has the right to extract annually groundwater from Central

Basin for beneficial use in the quantity set forth after that party’s name under said

column “Total Water Right” as of the close of the Administrative Year ending

June 30, 2012 in accordance with the Watermaster Reports on file with this Court

and the records of the Plaintiff. This tabulation does not take into account

additions or subtractions from any Allowed Pumping Allocation of a producer for

the 2012-2013 Administrative Year, nor other adjustments not representing

change in fee title to water rights, such as leases of water rights, nor does it

include the names of lessees of landowners where the lessees are exercising the

water rights. The exercise of all water rights is subject, however, to the

provisions of this Judgment as hereinafter contained. All of said rights are of the

same legal force and effect and are without priority with reference to each other.

Each party whose name is set forth in the tabulation in Appendix “2” of this

1 Headings in the Judgment are for purposes of reference and the language of said headings do not constitute, other

than for such purpose, a portion of this Judgment.


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Judgment, and after whose name there appears under the column “Total Water

Right” the figure “0,” owns no rights to extract any groundwater from Central

Basin, and has no right to extract any groundwater from Central Basin.

(2) Defendant The City of Los Angeles is the owner of the right to

extract fifteen thousand (15,000) acre feet per annum of groundwater from

Central Basin, but it has the right and ability to purchase or lease additional rights

to extract groundwater and increase its Allowed Pumping Allocation. Defendant

Department of Water and Power of the City of Los Angeles has no right to extract

groundwater from Central Basin except insofar as it has the right, power, duty or

obligation on behalf of defendant The City of Los Angeles to exercise the water

rights in Central Basin of defendant The City of Los Angeles. The exercise of

said rights is subject, however, to the provisions of this Judgment hereafter

contained, including but not limited to, sharing with other parties in any

subsequent decreases or increases in the quantity of extractions permitted from

Central Basin, pursuant to continuing jurisdiction of the Court, on the basis that

fifteen thousand (15,000) acre feet (and any increase in its Allowed Pumping

Allocation) bears to the Allowed Pumping Allocations of the other parties.

(3) No party to this action is the owner of or has any right to extract

groundwater from Central Basin except as herein affirmatively determined.

B. Parties Enjoined as to Quantities of Extractions.

(1) Each party, other than The State of California and The City of Los

Angeles and Department of Water and Power of The City of Los Angeles, is

enjoined and restrained in any Administrative Year commencing after the date

this Judgment becomes final from extracting from Central Basin any quantity of

Water greater than the party’s Allowed Pumping Allocation as hereinafter set

forth next to the name of the party in the tabulation appearing in Appendix 2 at

the end of this Judgment, subject to further provisions of this Judgment. Subject

to such further provisions, the officials, agents and employees of The State of


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California are enjoined and restrained in any such Administrative Year from

extracting from Central Basin collectively any quantity of water greater than the

Allowed Pumping Allocation of The State of California as hereinafter set forth

next to the name of that party in the same tabulation. Each party adjudged and

declared above not to be the owner of and not to have the right to extract

groundwater from Central Basin is enjoined and restrained in any Administrative

Year commencing after the date this Judgment becomes final from extracting any

groundwater from Central Basin, except as may be hereinafter permitted to any

such party under this Judgment.

(2) The total extraction right for each party includes a party’s Allowed

Pumping Allocation (to the extent not transferred by agreement or otherwise), any

contractual right acquired through lease or other agreement to extract or use the

rights of another party, and any right to extract Stored Water or Carryover as

provided in this Judgment. No party may extract in excess of 140% of the sum of

(i) the party’s Allowed Pumping Allocation and (ii) the party’s leased water,

except upon prior approval by the applicable body of Watermaster as required

pursuant to Section IV(J)as provided herein. Upon application, the body specified

in Section IV(J) shall approve a party’s request to extract water in excess of such

limit, provided there is no Material Physical Harm. Requests to extract water in

excess of such limit shall be reviewed and either approved or denied within thirty

(30) days of such request.

(3) Defendant The City of Los Angeles is enjoined and restrained in

any Administrative Year commencing after the date this Judgment becomes final

from extracting from Central Basin any quantity of water greater than fifteen

thousand (15,000) acre feet or its Allowed Pumping Allocation, as recognized by

the Watermaster, if it acquires additional rights to pump groundwater through

purchase or lease, subject to further provisions of this Judgment, including but not

limited to, sharing with other parties in any subsequent decreases or increases in


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the quantity of extractions permitted from Central Basin by parties, pursuant to

continuing jurisdiction of the Court, on the basis that fifteen thousand (15,000)

acre feet (or the adjusted Allowed Pumping Allocation if additional rights are

acquired) bears to the Allowed Pumping Allocations of the other parties.

Defendant Department of Water and Power of The City of Los Angeles is

enjoined and restrained in any Administrative Year commencing after the date

this Judgment becomes final from extracting from Central Basin any quantity of

water other than such as it may extract on behalf of defendant The City of Los

Angeles, and which extractions, along with any extractions by said City, shall not

exceed that quantity permitted by this Judgment to that City in any Administrative

Year. Whenever in this Judgment the term “Allowed Pumping Allocation”

appears, it shall be deemed to mean as to defendant The City of Los Angeles the

quantity of fifteen thousand (15,000) acre feet unless the City of Los Angeles has

acquired through purchase or lease right to extract additional groundwater. The

limit on extraction as provided in the preceding Section I(B)(1) shall also apply to

The City of Los Angeles.

(4) Any rights decreed and adjudicated herein may be transferred,

assigned, licensed or leased by the owner thereof provided, however, that no such

transfer shall be complete until compliance with the appropriate notice procedures

established by Watermaster.

(5) Unless a party elects otherwise, production of water from the Basin

for the use or benefit of the parties hereto shall be counted against the party’s total

extraction right in the following order: (i) Increased extractions by certain

qualified water rights holders pursuant to Section IV(K), (ii) Exchange Pool

production, (iii) production of Carryover water, (iv) production of leased water, ,

(v) production of Allowed Pumping Allocation, (vi) production of Stored Water,

(vii) production of Drought Carryover (according to Watermaster’s Rules), and

(viii) production of water under an agreement with WRD during a period of


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emergency pursuant to Section III(B)(6).

C. Parties Enjoined as to Export of Extractions.

Except as expressly authorized herein, or upon further order of the Court, all

parties are enjoined and restrained from transporting water extracted from the Central

Basin outside the boundaries of the Central Basin Area. For purposes of this Section,

water supplied by a Water Purveyor to its customers located within any of its service

areas contiguous to the Central Basin or within WRD’s service area shall be exempt from

the export prohibition of this Section provided that the Water Purveyor also provides

water to a service area that overlies the Basin in whole or in part. The foregoing

exemption is not made, nor is it related to, a determination of an underflow between the

basins, a cost or benefit allocation, or any other factor relating to the allocation of the

Replenishment Assessment by WRD. Further, this injunction and restriction does not

apply to export of water that will take place pursuant to contractual obligations

specifically identified on Appendix 4, nor does it apply to export of Stored Water not

having its origin in Carryover Conversion. The export identified on Appendix 4 may

continue to the extent that any such extraction does not violate any other provisions of

this Judgment, provided however that no such export identified on Appendix 4 shall

exceed 5,000 acre-feet in any Year.

II. APPOINTMENT OF WATERMASTER; WATERMASTER ADMINISTRATION

PROVISIONS.

The particular bodies specified below are, jointly, hereby appointed Watermaster,

for an indefinite term, but subject to removal by the Court, to administer this Judgment. Such

bodies, which together shall constitute the “Watermaster,” shall have restricted powers, duties

and responsibilities as specified herein, it being the court’s intention that particular constituent

bodies of Watermaster have only limited and specified powers over certain aspects of the

administration of this Judgment. The Outgoing Watermaster will exercise reasonable diligence

in the complete transition of Watermaster duties and responsibilities within a reasonable time


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following entry of this order, and to make available to the new Watermaster all records

concerning Watermaster activities. The chair of the Central Basin Water Rights Panel (defined

below) shall thereafter represent the Watermaster before the Court.

A. The Administrative Body.

Plaintiff Water Replenishment District of Southern California (“WRD”) is

appointed the Administrative Body of the Central Basin Watermaster (“Administrative

Body”). In order to assist the Court in the administration of the provisions of this

Judgment and to keep the Water Rights Panel and the Court fully advised in the

premises, the Administrative Body shall have the following duties, powers and

responsibilities:

(1) To Require Reports, Information and Records.

In consultation with the Water Rights Panel, the Administrative Body

shall require the parties to furnish such reports, information and records as may be

reasonably necessary to determine compliance or lack of compliance by any party

with the provisions of this Judgment.

(2) Storage Projects.

The Administrative Body shall exercise such powers as may be

specifically granted to it under this Judgment with regard to Stored Water.

(3) Annual Report.

The Administrative Body shall prepare, on or before the 15th day of the

fourth month following the end of the preceding Administrative Year, an annual

report for the consideration of the Water Rights Panel. The Chair of the Water

Rights Panel shall submit to the Court either (1) the annual report prepared by the

Administrative Body, following the adoption by the Water Rights Panel, or (2) an

annual report separately prepared and adopted by the Water Rights Panel. The

annual report prepared by the Administrative Body shall be limited to the

following, unless otherwise required by the Court:

(a) Groundwater extractions


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(b) Storage Accounts maintained by each party

(c) Status of the Regional Disadvantaged Community

Incentive Program, if approved by the Court

(d) Exchange Pool operation

(e) Use of Imported Water

(f) Violations of this Judgment and corrective action taken by

bodies of Watermaster having jurisdiction as provided in this

Judgment

(g) Change of ownership of Total Water Rights

(h) Watermaster administration costs

(i) Water spread or imported into the Basin

(j) Water Augmentation Projects

(k) Whether the Administrative Body has become aware of the

development of a Material Physical Harm, or imminent threat of the

development of a Material Physical Harm, as required pursuant to

Section IV(B) of this Judgment

(l) Other matters as agreed with the Water Rights Panel

(m) Recommendations, if any.

In consultation with the Water Rights Panel, the Administrative Body shall

provide reasonable notice to all parties of all material actions or determinations by

Watermaster or any constituent body thereof, and as otherwise provided by this

Third Amended Judgment.

(4) Annual Budget and Appeal Procedure in Relation Thereto.

By April 1 of each Administrative Year, the Administrative Body shall

prepare a proposed administrative budget for the subsequent year stating the

anticipated expense for performing the administrative functions specified in this

Judgment (the “Administrative Budget”). The Administrative Body shall mail a

copy of the proposed Administrative Budget to each of the Parties at least 60 days


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before the beginning of each Administrative Year. The Administrative Budget

mailed to the Parties shall provide sufficient detail in the Administrative Budget

to demonstrate a separation in accounting between the Administrative Budget and

WRD’s Replenishment Assessment and operating budget. For the first

Administrative Year of operation under this Third Amended Judgment, if the

Administrative Body is unable to meet the above time requirement, the

Administrative Body shall mail said copies as soon as possible. The first year the

Administrative Budget is prepared, the amount of that budget shall not exceed an

amount equal to fifty percent (50%) of the 2012-2013 charge for Watermaster

service for the Central Basin collected from Parties by the California Department

of Water Resources. At all times, the Administrative Body shall maintain a

separation in accounting between the Administrative Budget and WRD’s

Replenishment Assessment and operating budget. All increases in future budgets

for the Administrative Body above the amount set forth above shall be subject to

approval by the Water Rights Panel following a public meeting to be held prior to

the beginning of the Administrative Year, provided that the approved budget shall

not be less than the amount of the first-year budget for the Administrative Body,

except upon further order of the Court. Any administrative function by WRD

already paid for by the Replenishment Assessment shall not be added as an

expense in the Administrative Budget. Similarly, any expense paid for by the

Administrative Budget shall not be added to WRD’s operating budget, or

otherwise added to the calculation of the Replenishment Assessment. While WRD

may approve the proposed Administrative Budget at the same meeting in which

WRD adopts its annual Replenishment Assessment or annual budget, the

Administrative Body’s budget shall be separate and distinct from the

Replenishment Assessment imposed pursuant to Water Code §60317 and WRD’s

operating budget.

If approval by the Water Rights Panel is required pursuant to the


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foregoing, the Water Rights Panel shall act upon the proposed budget within 15

calendar days after the public meeting. If the Water Rights Panel does not

approve the budget prior to such deadline, the matter may be appealed to the

Court within sixty (60) days. If any Party hereto has any objection to the

Administrative Budget, it shall present the same in writing to Watermaster within

15 days after the date of mailing of said tentative budget by the Administrative

Body. The Parties shall make the payments otherwise required of them to the

Administrative Body even though an appeal of such budget may be pending.

Upon any revision by the Court, the Administrative Body shall either remit to the

Parties their pro rata portions of any reduction in the budget, or shall credit their

accounts with respect to their budget assessments for the next ensuing

Administrative Year, as the Court shall direct.

The amount of the Administrative Budget to be assessed to each party

shall be determined as follows: If that portion of the final budget to be assessed to

the Parties is equal to or less than $20.00 per party then the cost shall be equally

apportioned among the Parties. If that portion of the final budget to be assessed to

Parties is greater than $20.00 per party then each Party shall be assessed a

minimum of $20.00. The amount of revenue expected to be received through the

foregoing minimum assessments shall be deducted from that portion of the final

budget to be assessed to the Parties and the balance shall be assessed to the Parties

having Allowed Pumping Allocation, such balance being divided among them

proportionately in accordance with their respective Allowed Pumping Allocation.

Payment of the assessment provided for herein, subject to adjustment by

the Court as provided, shall be made by each such party prior to beginning of the

Administrative Year to which the assessment relates, or within 40 days after the

mailing of the tentative budget, whichever is later. If such payment by any Party

is not made on or before said date, the Administrative Body shall add a penalty of

5% thereof to such party’s statement. Payment required of any Party hereunder


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may be enforced by execution issued out of the Court, or as may be provided by

order hereinafter made by the Court, or by other proceedings by the Watermaster

or by any Party on the Watermaster’s behalf.

Any money unexpended at the end of any Administrative Year shall be

applied to the budget of the next succeeding Administrative Year. The

Administrative Body shall maintain no reserves.

Notwithstanding the above, no part of the budget of the Administrative

Body shall be assessed to WRD or to any Party who has not extracted water from

Central Basin for a period of two successive Administrative Years prior to the

Administrative Year in which the tentative budget should be mailed by the

Administrative Body under the provisions of this subparagraph (4).

(5) Rules.

The Administrative Body may adopt, and amend from time to time, rules

consistent with this Judgment as may be reasonably necessary to carry out duties

under the provisions of this Judgment within its particular area of responsibility.

The Body shall adopt its first set of rules and procedures within three (3) months

following entry of this Third Amended Judgment. The rules shall be effective on

such date after the mailing thereof to the Parties as is specified by the Body, but

not sooner than thirty (30) days after such mailing.

B. The Central Basin Water Rights Panel.

The Central Basin Water Rights Panel of the Central Basin Watermaster (“Water Rights

Panel”) shall consist of seven (7) members, each of which is a Party. The term of each member

of the Panel, with the exception of the seat held by the Small Water Producers Group, as

provided herein, shall be limited to four years. The Court will make the initial appointments to

the Central Basin Water Rights Panel upon motion by Parties consistent with the categories set

forth below at or about the time of entry of this Third Amended Judgment, and shall establish a

procedure for the staggered terms of such members. Thereafter, elections of members of the

Panel shall be held as provided herein. One (1) such member of the Water Rights Panel shall be


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elected by vote of the Small Water Producers Group conducted in accordance with its own

procedures, provided such Group, as of the date of the election, consists of at least five (5)

members who are Water Purveyors. One (1) such member of the Water Rights Panel shall be

elected by vote of Parties with Allowed Pumping Allocation of less than 5,000 acre-feet who are

not members of the Small Water Producers Group or, if the Small Water Producers Group does

not then qualify following a continuous six-month period of non-qualification as provided

herein, then two (2) such members shall be so selected. One (1) such member of the Water

Rights Panel shall be elected by vote of Parties with Allowed Pumping Allocation of at least

5,000 acre-feet but less than 10,000 acre-feet. Three (3) such members of the Water Rights

Panel shall be elected by vote of Parties with Allowed Pumping Allocation of 10,000 acre-feet or

greater. One (1) such member of the Water Rights Panel shall be elected by a vote of all holders

of Allowed Pumping Allocations, with each such holder being entitled to one vote, such member

to be elected by a plurality of the votes cast, following a nomination procedure to be established

in the Water Rights Panel’s rules. In the event of a tie, the seventh member shall be determined

as may be provided in the Water Rights Panel’s rules, or otherwise by the court. Except as

otherwise provided in this Section, each such rights holder shall have the right to cast a total

number of votes equal to the number of acre-feet of its Allowed Pumping Allocation (rounded to

the next highest whole number). With the exception of voting for the seventh member, Parties

shall be entitled to vote only for candidates within the category(ies) that represent that Party’s

Allowed Pumping Allocation. For example, parties who are members of the Small Water

Producers Group are entitled to vote only for the Small Water Producer Group member and the

seventh member of the Water Rights Panel, and so on. Parties are not permitted to split votes.

The results of such election shall be reported to the Court for confirmation of each member’s

appointment to the Water Rights Panel of Watermaster. The elected members of the Water

Rights Panel shall be those candidates receiving the highest vote total in their respective

categories. The Water Rights Panel shall hold its first meeting within thirty (30) days of the date

this Third Amended Judgment becomes final. The Water Rights Panel shall develop rules for its

operation consistent with this Judgment. The Water Rights Panel shall take action, including the


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election of its Chair, by majority vote of its members. Election of the Chair shall occur every

two years, with no Party serving as Chair for consecutive terms. Members of the Water Rights

Panel shall serve without compensation. All references to Annual Pumping Allocation, as used

herein, are as determined by the last published Watermaster report.

(1) The Water Rights Panel shall have the following duties and

responsibilities:

(a) Enforcement of Adjudicated Rights. As against the other

bodies of Watermaster, the Water Rights Panel shall have exclusive

authority to move the Court to take such action as may be necessary to

enforce the terms of the Judgment with regard to the extraction of

Allowed Pumping Allocation and the maintenance of adjudicated

groundwater extraction rights as provided in this Judgment.

(b) Requirement of Measuring Devices. The Water Rights

Panel shall require all parties owning or operating any facilities for the

extraction of groundwater from Central Basin to install and maintain at

all times in good working order at such party’s own expense,

appropriate measuring devices at such times and as often as may be

reasonable under the circumstances and to calibrate or test such

devices.

(c) Inspections by Watermaster. The Water Rights Panel may

make inspections of groundwater production facilities, including

aquifer storage and recovery facilities, and measuring devices at such

times and as often as may be reasonable under the circumstances and

to calibrate or test such devices.

(d) Reports. Annually, the Water Rights Panel, in cooperation

with the Administrative Body, shall report to the Court, concerning

any or all of the following:

(i) Groundwater extractions


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(ii) Exchange Pool operation

(iii) Status of the Regional Disadvantaged

Community Incentive Program, if approved by the Court

(iv) Violations of this Judgment and corrective

action taken or sought

(v) Change of ownership of Total Water Rights

(vi) Assessments made by the Water Rights

Panel and any costs incurred

(vii) Whether the Water Rights Panel has become

aware of the development of a Material Physical Harm, or

imminent threat of the development of a Material Physical

Harm, as required pursuant to Section IV(B) of this

Judgment

(viii) Recommendations, if any.

As provided in Section II.A(3), the Water Rights Panel may adopt the

annual report prepared by the Administrative Body, and submit the same to the

Court, or the Water Rights Panel may prepare, adopt and submit to the Court a

separate report. The Chair of the Water Rights Panel shall be responsible for

reporting to the Court concerning adjudicated water rights issues in the Basin.

(2) Assessment. The Water Rights Panel shall assess holders of water

rights within the Central Basin an annual amount not to exceed $1.00 per acre-

foot of Allowed Pumping Allocation, by majority vote of the members of the

Water Rights Panel. The body may assess a higher amount, subject to being

overruled by Majority Protest. The assessment is intended to cover any costs

associated with reporting responsibilities, any Judgment enforcement action, and

the review of storage projects as a component of the “Storage Panel” as provided

below. It is anticipated that this body will rely on the Administrative Body’s staff

for the functions related to the Administrative Body’s responsibilities, but the


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Water Rights Panel may engage its own staff if required in its reasonable

judgment. Assessments will constitute a lien on the water right assessed,

enforceable as provided in this Judgment.

(3) Rules. The Water Rights Panel may adopt and amend from time to

time, at an open meeting of that Panel, rules consistent with this Judgment as may

be reasonably necessary to carry out duties under the provisions of this Judgment

within its particular area of responsibility. The Panel shall adopt its first set of

rules and procedures within three (3) months following entry of this Third

Amended Judgment. The rules shall be effective on such date after the mailing

thereof to the Parties as is specified by the Panel, but not sooner than thirty (30)

days after such mailing.

C. The Storage Panel.

The Storage Panel of the Central Basin Watermaster (“Storage Panel”) shall be a

bicameral body consisting of (i) the Water Rights Panel and (ii) the Board of Directors of

WRD. Action by the Storage Panel shall require separate action by a majority of each of

its constituent bodies. The Storage Panel shall have the duties and responsibilities

specified with regard to the Provisions for the Storage and Extraction of Stored

Groundwater as set forth in Part IV and the other provisions of this Judgment.

D. Use of Facilities and Data Collected by Other Governmental Agencies.

Where practicable, the three bodies constituting the Central Basin Watermaster

should not duplicate the collection of data relative to conditions of the Central Basin

which is then being collected by one or more governmental agencies, but where

necessary each such body may collect supplemental data. Where it appears more

economical to do so, the Watermaster and its constituent bodies are directed to use such

facilities of other governmental agencies as are available to it under either no cost or cost

agreements with respect to the receipt of reports, billings to parties, mailings to parties,

and similar matters.

E. Appeal from Watermaster Decisions.


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Appeals concerning the budget proposed by the Administrative Body shall be

governed by Section II(A)(4) of this Judgment. Appeals concerning decisions by the

Storage Panel shall be governed by Section IV(P) of this Judgment. With respect to all

other objections by a Party to any action or decision by the Watermaster, such objections

will be governed by this Section II(E). Any party interested therein who objects to any

rule, determination, order or finding made by the Watermaster or any constituent body

thereof, may object thereto in writing delivered to the Administrative Body within 30

days after the date the Watermaster, or any constituent body thereof, mails written notice

of the making of such rule, determination, order or finding. Within 30 days after such

delivery the Watermaster, or the affected constituent body thereof, shall consider said

objection and shall amend or affirm his rule, determination, order or finding and shall

give notice thereof to all parties. Any such party may file with the Court within 60 days

from the date of said notice any objection to such rule, determination, order or finding of

the Watermaster, or any constituent body thereof, and bring the same on for hearing

before the Court at such time as the Court may direct, after first having served said

objection upon all other parties. The Court may affirm, modify, amend or overrule any

such rule, determination, order or finding of the Watermaster or its affected constituent

body. Any objection under this paragraph shall not stay the rule, determination, order or

finding of the Watermaster. However, the Court, by ex parte order, may provide for a

stay thereof on application of any interested party on or after the date that any such party

delivers to the Watermaster any written objection.

F. Effect of Non-Compliance by Watermaster With Time Provisions.

Failure of the Watermaster to perform any duty, power or responsibility set forth

in this Judgment within the time limitation herein set forth shall not deprive the

Watermaster or its applicable constituent body of authority to subsequently discharge

such duty, power or responsibility, except to the extent that any such failure by the

Watermaster may have rendered some otherwise required act by a party impossible.

G. Limitations on Administrative Body.


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WRD shall not acquire Central Basin water rights, nor lease Central Basin water

or water rights to or from any Party or third party. However, the foregoing shall (i) not be

interpreted to restrict WRD’s ability or authority to acquire water from any source for

purposes of Artificial or Natural Replenishment or for water quality activities, and (ii)

not restrict WRD’s authority under California Water Code Section 60000 et seq. to

develop reclaimed, recycled or remediated water for groundwater replenishment

activities.

H. Regional Disadvantaged Communities Incentive Program.

The Water Rights Panel, acting through the General Manager of WRD, shall

develop a Regional Disadvantaged Communities Incentive Program, pursuant to which a

portion of the Community Storage Pool is reserved for the benefit of Disadvantaged

Communities within the Central Basin. Nothing in this Judgment, nor the establishment

of such a program, shall diminish the rights otherwise granted to Parties under this

Judgment, including but not limited to the right to place water in storage in the

Community Storage Pool. The Water Rights Panel shall meet within thirty (30) days of

its formation to identify and consider potential third-party independent consultants who

may be retained to design the program, including those recommended by the General

Manager of WRD. The Water Rights Panel shall select a consultant within thirty (30)

days thereafter. In the event the General Manager of WRD objects to the selected

consultant, in writing, then the Water Rights Panel and the General Manager of WRD

shall exchange a list of no more than two (2) consultants each for further consideration.

If the Water Rights Panel and the General Manager of WRD are unable to agree to a

consultant within an additional thirty (30) days, then the Chair of the Water Rights Panel

shall file a request with the Court for an order appointing a consultant. Upon selection of

a third-party independent consultant, whether through the Water Rights Panel process or

the court process identified herein, the consultant shall design a detailed program and

deliver it to the Water Rights Panel within ninety (90) days of the consultant’s retention.

All costs associated with design of the program shall be paid for out of the Water Rights


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Panel’s assessment, as provided in Section II.B(2). The Water Rights Panel shall present

the program to the Court for its review and approval within one year of entry of this

Third Amended Judgment. If approved by the Court, the Water Rights Panel, acting

through the General Manager of WRD, shall be responsible for administration of the

Regional Disadvantaged Communities Incentive Program, including insuring that any

funds generated through the program benefit Disadvantaged Communities. Any Storage

Project established pursuant to this Program shall have priority to use up to 23,000 acre-

feet of Available Storage within the Community Storage Pool, as further provided in

Section IV.E(2). Watermaster shall report to the Court concerning such program as a

part of its annual report.

III. PROVISIONS FOR PHYSICAL SOLUTION TO MEET THE WATER

REQUIREMENTS IN CENTRAL BASIN.

In order to provide flexibility to the injunction set forth in Part I of the Judgment, and to

assist in a physical solution to meet water requirements in Central Basin, the injunction so set

forth is subject to the following provisions.

A. Carryover of Portion of Allowed Pumping Allocation.

(1) Amount of Carryover.

Each party adjudged to have a Total Water Right or water rights and who,

during a particular Administrative Year, does not extract from Central Basin a

total quantity equal to such party’s Allowed Pumping Allocation for the particular

Administrative Year, less any allocated subscriptions by such party to the

Exchange Pool, or plus any allocated requests by such party for purchase of

Exchange Pool water, is permitted to carry over (the “One Year Carryover”) from

such Administrative Year the right to extract from Central Basin in the next

succeeding Administrative Year so much of said total quantity as it did not extract

in the particular Administrative Year, not to exceed (i) the Applicable Percentage

of such party’s Allowed Pumping Allocation for the particular Administrative


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Year, or 20 acre-feet, whichever of said percentage or 20 acre-feet is the larger,

less (ii) the total quantity of water then held in that party’s combined Individual

and Community Storage accounts, as hereinafter defined, but in no event less than

20% of the party’s Allowed Pumping Allocation for the particular Administrative

Year. For purposes of this Section, the “Applicable Percentage” shall be as

follows for the years indicated:

For the Administrative Year in which this

Third Amended Judgment becomes final: 30%

For the next Administrative Year: 40%

For the next Administrative Year: 50%

For the next Administrative Year and years

following: 60%

(2) Conversion of Carryover to Stored Water.

A party having Carryover may, from time to time, elect to convert all or

part of such party’s Carryover to Stored Water as authorized herein (“Carryover

Conversion”) upon payment of the Replenishment Assessment to WRD. Such

Stored Water shall be assigned to that party’s Individual Storage Allocation, if

available, and otherwise to the Community Storage Pool.

(3) Declared Water Emergency.

The Board of Directors of WRD may, from time to time, declare a water

emergency upon a determination that conditions within the Central Basin relating

to natural and imported water supplies are such that, without implementation of

the Declared Water Emergency provisions of this subsection, the water resources

of the Central Basin risk degradation. In making such declaration, the Board of

Directors shall consider any information and requests provided by water

producers, purveyors and other affected entities and shall, for that purpose, hold a

public hearing in advance of such declaration. A Declared Water Emergency


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shall extend to the end of the Administrative Year during which such resolution is

adopted, unless sooner ended by similar resolution.

(4) Drought Carryover.

Following the declaration of a Declared Water Emergency and until the

Declared Water Emergency ends either by expiration or by resolution of the

Board of Directors of WRD, each party adjudged to have a Total Water Right or

water rights and who, during a particular Administrative Year, does not extract

from Central Basin a total quantity equal to such party’s Allowed Pumping

Allocation for the particular Administrative Year, less any allocated subscriptions

by such party to the Exchange Pool, or plus any allocated requests by such party

for purchase of Exchange Pool water, is permitted to carry over (the “Drought

Carryover”) from such Administrative Year the right to extract from Central

Basin so much of said total quantity as it did not extract during the period of the

Declared Water Emergency, to the extent such quantity exceeds the One Year

Carryover, not to exceed an additional 35% of such party’s Allowed Pumping

Allocation, or additional 35 acre feet, whichever of said 35% or 35 acre feet is the

larger, less the amount of such party’s Stored Water. Carryover amounts shall

first be allocated to the One Year Carryover and any remaining carryover amount

for that year shall be allocated to the Drought Carryover.

(5) Accumulated Drought Carryover.

No further amounts shall be added to the Drought Carryover following the

end of the Declared Water Emergency, provided however that in the event

another Declared Water Emergency is declared, additional Drought Carryover

may be added, to the extent such additional Drought Carryover would not cause

the total Drought Carryover to exceed the limits set forth above. The Drought

Carryover shall be supplemental to and shall not affect any previous drought

carryover acquired by a party pursuant to previous order of the court.

B. When Over-Extractions May be Permitted.


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(1) Underestimation of Requirements for Water.

Any party hereto without Stored Water, having an Allowed Pumping

Allocation, and not in violation of any provision of this Judgment may extract in

an Administrative Year an additional quantity of water not to exceed: (a) 20% of

such party’s Allowed Pumping Allocation or 20 acre feet, whichever is greater,

and (b) any amount in addition thereto which may be approved in advance by the

Water Rights Panel of Watermaster.

(2) Reductions in Allowed Pumping Allocations in Succeeding Years

to Compensate for Permissible Overextractions.

Any such party’s Allowed Pumping Allocation for the following

Administrative Year shall be reduced by the amount over-extracted pursuant to

paragraph 1 above, provided that if the Water Rights Panel determines that such

reduction in the party’s Allowed Pumping Allocation in one Administrative Year

will impose upon such a party an unreasonable hardship, the said reduction in said

party’s Allowed Pumping Allocation shall be prorated over a period of five (5)

Administrative Years succeeding that in which the excessive extractions by the

party occurred. Application for such relief to the Water Rights Panel must be

made not later than the 40th day after the end of the Administrative Year in which

such excessive pumping occurred. The Water Rights Panel shall grant such relief

if such over-extraction, or any portion thereof, occurred during a period of

Declared Water Emergency.

(3) Reductions in Allowed Pumping Allocations for the Next

Succeeding Administrative Year to Compensate for Overpumping.

Whenever, pursuant to Section III(B)(1), a party over-extracts in excess of

such party’s Allowed Pumping Allocation plus that party’s available One-Year

Carryover and any Stored Water held by that party, and such excess has not been

approved in advance by the Water Rights Panel, then such party’s Allowed

Pumping Allocation for the following Administrative Year shall be reduced by an


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amount equivalent to its total over-extractions in the particular Administrative

Year in which it occurred.

(4) Reports of Certain Over-extractions to the Court.

Whenever a party over-extracts in excess of 20% of such party’s Allowed

Pumping Allocation for the particular Administrative Year plus that party’s

available One-Year Carryover and any Stored Water held by that party, without

having obtained prior approval of the Water Rights Panel, such shall constitute a

violation of the Judgment and the Water Rights Panel shall make a written report

to the Court for such action as the Court may deem necessary. Such party shall be

subject to such injunctive and other processes and action as the Court might

otherwise take with regard to any other violation of such Judgment.

(5) Effect of Over-extractions on Rights.

Any party who over-extracts from Central Basin in any Administrative

Year shall not acquire any additional rights by reason of such over-extractions;

nor shall any required reductions in extractions during any subsequent years

reduce the Total Water Right or water rights of any party to the extent said over-

extractions are in compliance with paragraph 1 above.

(6) Pumping Under Agreement With Plaintiff During Periods of

Emergency.

Plaintiff WRD overlies Central Basin and engages in activities of

replenishing the groundwaters thereof. Plaintiff by resolution has appropriated

for use during emergencies the quantity of 17,000 acre feet of imported and

reclaimed water replenished by it into Central Basin, and pursuant to such

resolution Plaintiff reserves the right to use or cause the use of such quantity

during such emergency periods for the benefit of Water Purveyors.

(a) Notwithstanding any other provision of this Judgment,

parties who are Water Purveyors (including successors in interest) are

authorized to enter into agreements with Plaintiff for extraction of a


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portion of Plaintiff’s 17,000 acre-feet of appropriated water, in excess

of their respective Allowed Pumping Allocations for the particular

Administrative Year when the following conditions are met:

(i) Plaintiff is in receipt of a resolution of the

Board of Directors of the Metropolitan Water District of

Southern California (“MWD”) that there is an actual or

immediately threatened temporary shortage of MWD’s

imported water supply compared to MWD’s needs, or a

temporary inability to deliver MWD’s imported water

supply throughout its area, which will be alleviated by

overpumping from Central Basin.

(ii) The Board of Directors of both Plaintiff and

Central Basin Municipal Water District by resolutions

concur in the resolution of MWD’s Board of Directors, and

the Board of Directors of Plaintiff finds in its resolution

that the average minimum elevation of water surface

among those wells in the Montebello Forebay of the

Central Basin designated as Los Angeles County Flood

Control District Wells Nos. 1601T, 1564P, 1615P, and

1626L, is at least 43.7 feet above sea level. This

computation shall be based upon the most recent “static

readings” taken, which shall have been taken not more than

four weeks prior. Should any of the wells designated above

become destroyed or otherwise be in a condition so that

readings cannot be made, or should the owner prevent their

use for such readings, the Board of Directors of the

Plaintiff may, upon appropriate engineering

recommendation, substitute such other well or wells as it


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may deem appropriate.

(iii) In said resolution, Plaintiff’s Board of

Directors sets a public hearing, and notice of the time, place

and date thereof (which may be continued from time to

time without further notice) is given by First Class Mail to

the current designees of the Parties, filed and served in

accordance with Section VI(C) of this Judgment. Said

notice shall be mailed at least five (5) days before the

scheduled hearing date.

(iv) At said public hearing, parties (including

successors in interest) are given full opportunity to be

heard, and at the conclusion thereof the Board of Directors

of Plaintiff by resolution decides to proceed with

agreements under this Section III(B)(6).

(b) All such agreements shall be subject to the following

requirements, and such others as Plaintiff’s Board of Directors shall

require:

(i) They shall be of uniform content except as

to quantity involved, and any special provisions considered

necessary or desirable with respect to local hydrological

conditions or good hydrologic practice.

(ii) They shall be offered to all Water

Purveyors, excepting those which Plaintiff’s Board of

Directors determines should not overpump because such

overpumping would occur in undesirable proximity to a sea

water barrier project designed to forestall sea water

intrusion, or within or in undesirable proximity to an area

within Central Basin wherein groundwater levels are at an


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elevation where overpumping is under all the

circumstances then undesirable.

(iii) The maximum terms for the agreements

shall be four (4) months, which agreements shall

commence on the same date and end on the same date (and

which may be executed at any time within the four-month

period), unless an extension thereof is authorized by the

Court, under Part V of this Judgment.

(iv) They shall contain provisions requiring that

the Water Purveyor executing the agreement pay to the

Plaintiff a price in addition to the applicable replenishment

assessment determined on the following formula. The

normal price per acre-foot of Central Basin Municipal

Water District’s (CBMWD) treated domestic and municipal

water, as “normal” price of such category of water is

defined in Section III(C)(10) (price to be paid for Exchange

Pool Water) as of the beginning of the contract term less

the deductions set forth in said paragraph 10 for the

Administrative Year in which the contract term

commences. The agreement shall provide for adjustments

in the first of said components for any proportional period

of the contract term during which the CBMWD said normal

price is changed, and if the agreement straddles two

administrative years, the said deductions shall be adjusted

for any proportionate period of the contract term in which

the amount thereof or of either subcomponent changes for

purposes of said paragraph 10. Any price for a partial acre-

foot shall be computed pro rata. Payments shall be due and


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payable on the principle that over extractions under the

agreement are of the last water pumped in the

Administrative Year, and shall be payable as the agreement

shall provide.

(v) They shall contain provisions that: (1) All

of such agreements (but not less than all) shall be subject to

termination by Plaintiff if, in the Judgment of Plaintiff’s

Board of Directors, the conditions or threatened conditions

upon which they were based have abated to the extent over

extractions are no longer considered necessary; and (2) that

any individual agreement or agreements may be terminated

if the Plaintiff’s Board of Directors finds that adverse

hydrologic circumstances have developed as a result of

over extractions by any Water Purveyor(s) which have

executed said agreements, or for any other reason that

Plaintiff’s Board of Directors finds good and sufficient.

(c) Other matters applicable to such agreements and

overpumping thereunder are as follows, without need for express

provisions in the agreements;

(i) The quantity of overpumping permitted shall

be additional to that which the Water Purveyor could

otherwise overpump under this Judgment.

(ii) The total quantity of permitted overpumping

under all said agreements during said four months shall not

exceed seventeen thousand (17,000) acre feet, but the

individual Water Purveyor shall not be responsible or

affected by any violation of this requirement. That total is

additional to over extractions otherwise permitted under


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this Judgment.

(iii) Only one four month period may be utilized

by Plaintiff in entering into such agreements, as to any one

emergency or continuation thereof declared by MWD’s

Board of Directors under Section III(B)(6)(a).

(iv) If any party claims it is being damaged or

threatened with damage by the over extractions by any

party to such an agreement, the first party or the Water

Rights Panel may seek appropriate action of the Court for

termination of any such agreement upon notice of hearing

to the party complaining, to the party to said agreement, to

the plaintiff, and to any parties who have filed a request for

special notice. Any termination shall not affect the

obligation of the party to make payments under the

agreement for over extractions which did occur thereunder.

(v) Plaintiff shall maintain separate accounting

of the proceeds from payments made pursuant to

agreements entered into under this Part. Said fund shall be

utilized solely for purposes of replenishment in

replacement of waters in Central Basin and West Basin.

Plaintiff shall as soon as practicable cause replenishment in

Central Basin by the amounts to be overproduced pursuant

to this Paragraph 6, whether through spreading, injection,

or in lieu agreements.

(vi) Over extractions pursuant to the agreements

shall not be subject to the “make up” provisions of the

Judgment as amended, provided that if any party fails to

make payments as required by the agreement, Plaintiff may


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require such “make up” under Section III(B)(3) of this

Judgment.

(vii) A Water Purveyor under any such

agreement may, and is encouraged to enter into appropriate

arrangements with customers who have water rights in

Central Basin under or pursuant to this Judgment whereby

the Water Purveyor will be assisted in meeting the

objectives of the agreement.

(7) Exemption for Extractors of Contaminated Groundwater.

Any party herein may petition WRD for a Non-consumptive Water Use

Permit as part of a project to remedy or ameliorate groundwater contamination. If

the petition is granted as set forth in this paragraph, the petitioner may extract the

groundwater as permitted hereinafter, without the production counting against the

petitioner’s production rights.

(a) If the Board of WRD determines by Resolution that there is

a problem of groundwater contamination that a proposed program will

remedy or ameliorate, an operator may make extractions of

groundwater to remedy or ameliorate that problem without the

production counting against the petitioner’s production rights if the

water is not applied to beneficial surface use, its extractions are made

in compliance with all the terms and conditions of the Board

Resolution, and the Board has determined in the Resolution either of

the following:

(i) The groundwater to be extracted is unusable and

cannot be economically treated or blended for use with

other water.

(ii) The proposed program involves extraction of usable

water in the same quantity as will be returned to the


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underground without degradation of quality.

(b) The Resolution may provide those terms and conditions the

Board deems appropriate, including, but not limited to, restrictions on

the quantity of the extractions to be so exempted, limitations on time,

periodic reviews, requirement of submission of test results from a

Board-approved laboratory, and any other relevant terms or conditions.

(c) Upon written notice to the operator involved, the Board

may rescind or modify its Resolution. The rescission or modification

of the Resolution shall apply to groundwater extractions occurring

more than ten (10) days after the rescission or modification. Notice of

rescission or modification shall be either mailed first class mail,

postage prepaid, at least two weeks prior to the meeting of the Board at

which the rescission or modification will be made to the address of

record of the operator or personally delivered two weeks prior to the

meeting.

(d) The Board’s decision to grant, deny, modify or revoke a

permit or to interrupt or stop a permitted project may be appealed to

this court within thirty days of the notice thereof to the applicant and

upon thirty days’ notice to the designees of all parties herein.

(e) WRD shall monitor and periodically inspect the project for

compliance with the terms and conditions for any permit issued

pursuant to these provisions.

(f) No party shall recover costs from any other party herein in

connection with determinations made with respect to this Part.

(8) “Call” on Carryover Converted to Stored Water.

Where any Party has elected, as permitted by Section III(A)(2), to convert

Carryover to Stored Water, any other Party which has not, within the previous ten

(10) years, been granted approval to extract Carryover Conversion under this


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Section III(B)(8) more than five (5) times, may apply to the Storage Panel for the

right to extract all or a portion of that Carryover Conversion in the year such

Conversion occurs. The Storage Panel shall grant such request, providing there is

no Material Physical Harm, if it determines that leased groundwater to meet the

applicant’s needs within the Basin cannot be obtained for less than forty-five

percent (45%) of MWD’s Imported Water rate for delivery of untreated water to

the Central Basin spreading facilities (which rate is presently MWD’s “Full

Service Untreated Volumetric Cost, Tier 1”), and that the applicant will fully

extract its Allowed Pumping Allocation, Carryover, and Stored Water, if any, in

addition to its permitted overextraction under Section III(B)(1), prior to accessing

such Carryover Conversion.

Upon such approval, the applicant may thereafter extract such water as

provided herein. A Party so extracting groundwater shall fully restore such

extracted water (either through under-extraction of its rights or through importing

water) during the five-year period following the Year in which the extraction

under this Section occurs. Otherwise, the extracting Party shall pay to the

Watermaster an amount equal to 100% of MWD’s Imported Water rate for

purchase and delivery of untreated water to the Central Basin spreading facilities

(which rate is presently MWD’s “Full Service Untreated Volumetric Cost, Tier

1”) whether or not such water is available that year, for the year during which is

the fifth anniversary of the year during which such Carryover Conversion

extraction occurs, multiplied by the amount of Carryover Conversion so extracted

and not restored during such five-year period. Payment shall be made within

thirty (30) days of demand by Watermaster. No Replenishment Assessment shall

be due on Carryover Conversion so extracted. However, the Party must deposit

with the Watermaster an amount equal to the Replenishment Assessment that

would otherwise be imposed by WRD upon such extraction. If the party restores

the water within the 5-year repayment period, then the Watermaster shall


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promptly return the deposit to the Party, without interest. If the Party does not

restore the water within the 5-year repayment period, the deposit shall be credited

towards the Party’s obligation to pay 100% of MWD’s Imported Water rate as

required herein.

Should there be multiple requests to so extract Carryover Conversion in

the same year, the Storage Panel shall allocate such extraction right such that each

requesting party may extract a pro rata portion of the available Carryover

Conversion for that year. No party may extract in excess of 2,500 acre feet of

groundwater pursuant to this Section III(B)(8) in a single Year. Amounts paid to

Watermaster hereunder shall be used by WRD solely for purchase of water for

replenishment in the Basin. Watermaster, through the Storage Panel, shall give

reasonable notice to the Parties of any application to so extract Carryover

Conversion in such manner as the Storage Panel shall determine, including,

without limitation, notice by electronic mail or by website posting, at least ten

(10) days prior to consideration of any such application.

C. Exchange Pool Provisions.

(1) Definitions.

For purposes of these Exchange Pool provisions, the following words and

terms have the following meanings:

(a) “Exchange Pool” is the arrangement hereinafter set forth

whereby certain of the parties, (“Exchangees”) may, notwithstanding

the other provisions of the Judgment, extract additional water from

Central Basin to meet their needs, and certain other of the parties

(“Exchangors”), reduce their extractions below their Allowed Pumping

Allocations in order to permit such additional extractions by others.

(b) “Exchangor” is one who offers, voluntarily or otherwise,

pursuant to subsequent provisions, to reduce its extractions below its

Allowed Pumping Allocation in order to permit such additional


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extractions by others.

(c) “Exchangee” is one who requests permission to extract

additional water from Central Basin.

(d) “Undue hardship” means unusual and severe economic or

operational hardship, other than that arising (i) by reason of any

differential in quality that might exist between water extracted from

Central Basin and water available for importation or (ii) by reason of

any difference in cost to a party in subscribing to the Exchange Pool

and reducing its extractions of water from Central Basin in an

equivalent amount as opposed to extracting any such quantity itself.

(2) Parties Who May Purchase Water Through the Exchange Pool.

Any party not having existing facilities for the taking of imported water as

of the beginning of any Administrative Year, and any party having such facilities

as of the beginning of any Administrative Year who is unable, without undue

hardship, to obtain, take, and put to beneficial use, through its distribution system

or systems existing as of the beginning of the particular Administrative Year,

imported water in a quantity which, when added to its Allowed Pumping

Allocation for that particular Administrative Year, will meet its estimated needs

for that particular Administrative Year, may purchase water from the Exchange

Pool, subject to the limitations contained in this Section III(C) (Subpart “C”

hereinafter).

(3) Procedure for Purchasing Exchange Pool Water.

Not later than the 40th day following the commencement of each

Administrative Year, each such party desiring to purchase water from the

Exchange Pool shall file with the Watermaster a request to so purchase, setting

forth the amount of water in acre feet that such party estimates that it will require

during the then current Administrative Year in excess of the total of:

(a) Its Allowed Pumping Allocation for that particular


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Administrative Year; and

(b) The imported water, if any, which it estimates it will be

able, without undue hardship, to obtain, take and put to beneficial use,

through its distribution system or systems existing as of the beginning

of that particular Administrative Year.

Any party who as of the beginning of any Administrative Year has

existing facilities for the taking of imported water and who makes a request to

purchase from the Exchange Pool must provide with such request substantiating

data and other proof which, together with any further data and other proof

requested by the Water Rights Panel, establishes that such party is unable without

undue hardship, to obtain, take and put to beneficial use through its said

distribution system or systems a sufficient quantity of imported water which,

when added to its said Allowed Pumping Allocation for the particular

Administrative Year, will meet its estimated needs. As to any such party, the

Water Rights Panel shall make a determination whether the party has so

established such inability, which determination shall be subject to review by the

court under the procedure set forth in Part II of this Judgment. Any party making

a request to purchase from the Exchange Pool shall either furnish such

substantiating data and other proof, or a statement that such party had no existing

facilities for the taking of imported water as of the beginning of that

Administrative Year, and in either event a statement of the basis for the quantity

requested to be purchased.

(4) Subscriptions to Exchange Pool.

(a) Required Subscription. Each party having existing

facilities for the taking of imported water as of the beginning of any

Administrative Year hereby subscribed to the Exchange Pool for

purposes of meeting Category (a) requests thereon, as more

particularly defined in paragraph 5 of this Subpart C, twenty percent


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(20%) of its Allowed Pumping Allocation, or the quantity of imported

water which it is able, without undue hardship, to obtain, take and put

to beneficial use through its distribution system or systems existing as

of the beginning of the particular Administrative Year in addition to

such party’s own estimated needs for imported water during that

Administrative Year, whichever is the lesser. A party’s subscription

under this subparagraph (a) and subparagraph (b) of this paragraph 4 is

sometimes hereinafter referred to as a “required subscription.”

(b) Report to Watermaster Water Rights Panel by Parties with

Connections and Unable to Subscribe 20%. Any party having existing

facilities for the taking of imported water and estimating that it will be

unable, without undue hardship, in that Administrative Year to obtain,

take and put to beneficial use through its distribution system or

systems existing as of the beginning of that Administrative Year,

sufficient imported water to further reduce its extractions from the

Central Basin by twenty percent (20%) of its Allowed Pumping

Allocation for purposes of providing water to the Exchange Pool must

furnish not later than the 40th day following the commencement of

such Administrative Year substantiating data and other proof which,

together with any further data and other proof requested by the Water

Rights Panel, establishes said inability or such party shall be deemed

to have subscribed twenty percent (20%) of its Allowed Pumping

Allocation for the purpose of providing water to the Exchange Pool.

As to any such party so contending such inability, the Water Rights

Panel shall make a determination whether the party has so established

such inability, which determination shall be subject to review by the

Court under the procedure set forth in Part II of this Judgment.

(c) Voluntary Subscriptions. Any party, whether or not having


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facilities for the taking of imported water, who desires to subscribe to

the Exchange Pool a quantity or further quantity of its Allowed

Pumping Allocation, may so notify the Water Rights Panel in writing

of the quantity of such offer on or prior to the 40th day following the

commencement of the particular Administrative Year. Such

subscriptions are referred to hereinafter as “voluntary subscriptions.”

Any Exchangor who desires that any part of its otherwise required

subscription not needed to fill Category (a) requests shall be available

for Category (b) requests may so notify the Water Rights Panel in

writing on or prior to said 40th day. If all of that Exchangor’s

otherwise required subscription is not needed in order to fill Category

(a) requests, the remainder of such required subscription not so used,

or such part thereof as such Exchangor may designate, shall be deemed

to be a voluntary subscription.

(5) Limitations on Purchases of Exchange Pool Water and Allocation

of Requests to Purchase Exchange Pool Water Among Exchangors.

(a) Categories of Requests. Two categories of Exchange Pool

requests are established as follows:

(i) Category (a) requests. The quantity requested by

each Exchangee, whether or not that Exchangee has an

Allowed Pumping Allocation, which quantity is not in

excess of 150% of its Allowed Pumping Allocation, if any,

or 100 acre feet, whichever is greater. Requests or portions

thereof within the above criteria are sometimes hereinafter

referred to as “Category (a) requests.”

(ii) Category (b) requests. The quantity requested by

each Exchangee having an Allowed Pumping Allocation to

the extent the request is in excess of 150% of that Allowed


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Pumping Allocation or 100 acre feet, whichever is greater,

and the quantity requested by each Exchangee having no

Allowed Pumping Allocation to the extent the request is in

excess of 100 acre feet. Portions of requests within the

above criteria are sometimes hereinafter referred to as

“Category (b) requests.”

(b) Filling of Category (a) Requests. All Exchange Pool

subscriptions, required and voluntary, shall be available to fill

Category (a) requests. Category (a) requests shall be filled first from

voluntary subscriptions, and if voluntary subscriptions should be

insufficient to fill all Category (a) requests required subscriptions shall

be then utilized to fill Category (a) requests. All Category (a) requests

shall be first filled before any Category (b) requests are filled.

(c) Filling of Category (b) Requests. To the extent that

voluntary subscriptions have not been utilized in filling Category (a)

requests, Category (b) requests shall be filled only out of any

remaining voluntary subscriptions. Required subscriptions will then

be utilized for the filling of any remaining Category (b) requests.

(d) Allocation of Requests to Subscriptions When Available

Subscriptions Exceed Requests. In the event the quantity of

subscriptions available for any category of requests exceeds those

requests in that category, or exceeds the remainder of those requests in

that category, such requests shall be filled out of such subscriptions

proportionately in relation to the quantity of each subscription.

(e) Allocation of Subscriptions to Category (b) Requests in the

Event of Shortage of Subscriptions. In the event available

subscriptions are insufficient to meet Category (b) requests, available

subscriptions shall be allocated to each request in the proportion that


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the particular request bears to the total requests of the particular

category.

(6) Additional Voluntary Subscriptions.

If subscriptions available to meet the requests of Exchangees are

insufficient to meet all requests, additional voluntary subscriptions may be

solicited and received from parties by the Water Rights Panel. Such additional

subscriptions shall be allocated first to Category (a) requests to the extent unfilled,

and next to Category (b) requests to the extent unfilled. All allocations are to be

otherwise in the same manner as earlier provided in paragraph 5 (a) through 5 (e)

inclusive.

(7) Effect if Category (a) Requests Exceed Available Subscriptions,

Both Required and Voluntary.

In the event that the quantity of subscriptions available to fill Category (a)

requests is less than the total quantity of such requests, the Exchangees may,

nonetheless, extract the full amount of their Category (a) requests otherwise

approved by the Water Rights Panel as if sufficient subscriptions were available.

The amounts received by the Water Rights Panel on account of that portion of the

approved requests in excess of the total quantities available from Exchangors

shall be paid by the Water Rights Panel to WRD in trust for the purpose of

purchasing imported water and spreading the same in Central Basin for

replenishment thereof. Thereafter WRD may, at any time, withdraw said funds or

any part thereof so credited in trust for the aforesaid purpose, or may by the 40th

day of any Administrative Year utilize all or any portion of said funds for the

purchase of water available from subscriptions by Exchangors in the event the

total quantity of such subscriptions exceeds the total quantity of approved

requests by parties to purchase Exchange Pool water. To the extent that there is

such an excess of available subscriptions over requests and to the extent that the

existing credit in favor of WRD is sufficient to purchase such excess quantity at


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the price established for Exchange Pool purchases during that Administrative

Year, the money shall be paid to the Exchangors in the same manner as if another

party had made such purchase as an Exchangee. WRD shall not extract any such

Exchange Pool water so purchased.

(8) Additional Pumping by Exchangees Pursuant to Exchange Pool

Provisions.

An Exchangee may extract from Central Basin in addition to its Allowed

Pumping Allocation for a particular Administrative Year that quantity of water

which it has requested to purchase from the Exchange Pool during that

Administrative Year and which has been allocated to it pursuant to the provisions

of paragraphs 5, 6 and 7. The first pumping by an Exchangee in any

Administrative Year shall be deemed to be pumping of the party’s allocation of

Exchange Pool water.

(9) Reduction in Pumping by Exchangors.

Each Exchangor shall in each Administrative Year reduce its extractions

of water from Central Basin below its Allowed Pumping Allocation for the

particular year in a quantity equal to the quantity of Exchange Pool requests

allocated to it pursuant to the provisions of paragraphs 4, 5, 6 and 7 of this

Subpart C.

(10) Price to be Paid for Exchange Pool Water.

The price to be paid by Exchangees and to be paid to Exchangors per acre

foot for required and voluntary subscriptions of Exchangors utilized to fill

requests on the Exchange Pool by Exchangees shall be the dollar amount

computed as follows by the Water Rights Panel for each Administrative Year.

The “normal” price as of the beginning of the Administrative Year charged by

Central Basin Municipal Water District (CBMWD) for treated MWD

(Metropolitan Water District of Southern California) water used for domestic and

municipal purposes shall be determined, and if on that date there are any changes


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scheduled during that Administrative Year in CBMWD’s “normal” price for such

category of water, the weighted daily “normal” CBMWD price shall be

determined and used in lieu of the beginning such price; and there shall be

deducted from such beginning or weighted price, as the case may be, the

“incremental cost of pumping water in Central Basin” at the beginning of the

Administrative Year and any then current rate or rates, of assessments levied on

the pumping of groundwater in Central Basin by Plaintiff District and any other

governmental agency. The “normal” price charged by CBMWD shall be the

highest price of CBMWD for normal service excluding any surcharge or higher

rate for emergency deliveries or otherwise failing to comply with CBMWD rates

and regulations relating to earlier deliveries. The “incremental cost of pumping

water in Central Basin” as of the beginning of the Administrative Year shall be

deemed to be the Southern California Edison Company Schedule No. PA-1 rate

per kilowatt-hour, including all adjustments and all uniform authorized additions

to the basic rate, multiplied by 560 kilowatt-hours per acre-foot, rounded to the

nearest dollar (which number of kilowatt-hours has been determined to represent

the average energy consumption to pump an acre-foot of water in Central Basin).

In applying said PA-1 rate the charge per kilowatt-hour under the schedule shall

be employed and if there are any rate blocks then the last rate block shall be

employed. Should a change occur in Edison schedule designations, the Water

Rights Panel shall employ that applicable to motors used for pumping water by

municipal utilities.

(11) Carry-over of Exchange Pool Purchases by Exchangees.

An Exchangee who does not extract from Central Basin in a particular

Administrative Year a quantity of water equal to the total of (a) its Allowed

Pumping Allocation for that particular Administrative Year, reduced by any

authorized amount of carryover into the next succeeding Administrative Year

pursuant to the provisions of Section III(A) of this Judgment, and (b) the quantity


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that it purchased from the Exchange Pool for that particular Administrative Year,

may carry over into the next succeeding Administrative Year the right to extract

from Central Basin a quantity equal to the difference between said total and the

quantity actually extracted in that Administrative Year, but not exceeding the

quantity purchased from the Exchange Pool for that Administrative Year. Any

such carryover shall be in addition to that provided in said Section III(A).

If the “Basinwide Average Exchange Pool Price” in the next succeeding

Administrative Year exceeds the “Exchange Pool Price” in the previous

Administrative Year any such Exchangee exercising such carryover rights

hereinabove provided shall pay to the Watermaster, forthwith upon the

determination of the “Exchange Pool Price” in said succeeding Administrative

Year, and as a condition to such carryover rights, an additional amount

determined by multiplying the number of acre feet of carryover by the difference

in “Exchange Pool Price” as between the two Administrative Years. Such

additional payment shall be miscellaneous income to the Watermaster which shall

be applied by it against that share of the Watermaster’s Administrative Body’s

budget to be paid by the parties to this Agreement for the second Administrative

Year succeeding that in which the Exchange Pool water was so purchased. For

purposes of this paragraph, the term Basinwide Average Exchange Pool Price

means the average price per acre foot paid for Exchange Pool water produced

within the Central Basin during the year for which such determination is to be

made, taking into account all Exchange Pool transactions consummated during

that year.

(12) Notification by Watermaster to Exchangors and Exchangees of

Exchange Pool Requests and Allocations Thereof and Price of Exchange Pool

Water.

Not later than the 65th day after the commencement of each

Administrative Year, the Administrative Body of Watermaster shall determine


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and notify all Exchangors and Exchangees of the total of the allocated requests for

Exchange Pool water and shall provide a schedule divided into categories of

requests showing the quantity allocated to each Exchangee and a schedule of the

allocation of the total Exchange Pool requirements among the Exchangors. Such

notification shall also advise Exchangors and Exchangees of the prices to be paid

to Exchangors for subscriptions utilized and the Exchange Pool Price for that

Administrative Year as determined by the Water Rights Panel. The

determinations of the Watermaster in this regard shall be subject to review by the

Court in accordance with the procedure set forth in Part II of this Judgment.

(13) Payment by Exchangees.

Each Exchangee shall, on or prior to last day of the third month of each

Administrative Year, pay to the Watermaster one-quarter of said price per acre-

foot multiplied by the number of acre feet of such party’s approved request and

shall, on or before the last day of each of the next succeeding three months, pay a

like sum to the Watermaster. Such amounts must be paid by each Exchangee

regardless of whether or not it in fact extracts or uses any of the water it has

requested to purchase from the Exchange Pool.

(14) Payments to Exchangors.

As soon as possible after receipt of moneys from Exchangees, the

Watermaster shall remit to the Exchangors their pro rata portions of the amount so

received in accordance with the provisions of paragraph 10 above.

(15) Delinquent Payments.

Any amounts not paid on or prior to any due date above shall carry interest

at the rate of 1% per month or any part of a month. Any amounts required to be

so paid may be enforced by the equitable powers of the Court, including, but not

limited to, the injunctive process of the Court. In addition thereto, the

Watermaster, as Trustee for the Exchangors and acting through the Water Rights

Panel, may enforce such payment by any appropriate legal action, and shall be


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entitled to recover as additional damages reasonable attorneys’ fees incurred in

connection therewith. If any Exchangee shall fail to make any payments required

of it on or before 30 days after the last payment is due, including any accrued

interest, said party shall thenceforward not be entitled to purchase water from the

Exchange Pool in any succeeding Administrative Year except upon order of the

Court, upon such conditions as the Court may impose.

IV. PROVISIONS FOR THE STORAGE OF WATER AND THE EXTRACTION

OF STORED WATER.

A. Adjudication of Available Dewatered Space, Storage Capacity and

Storage Apportionment.

There exists within the Basin a substantial amount of available space which has

not been optimally utilized for basin management and for storage of native and imported

waters. The Court finds and determines that (i) there is 330,000 acre feet of Available

Dewatered Space in the Basin; (ii) use of this Available Dewatered Space will increase

reasonable and beneficial use of the Basin by permitting the more efficient procurement

and management of Replenishment Water, conjunctive use, and for direct and in-lieu

recharge, thereby increasing the prudent storage and recovery of Stored Water for later

use by parties to this Judgment, conservation of water and reliability of the water supply

available to all Parties; and (iii) use of the Available Dewatered Space pursuant to the

terms and conditions of this Judgment will not result in Material Physical Harm.

B. Avoidance of Material Physical Harm.

It is essential that the use of the Available Dewatered Space be undertaken for the

greatest public benefit pursuant to uniform, certain, and transparent regulation that

encourages the conservation of water and reliability of the water supply, avoids Material

Physical Harm, and promotes the reasonable and beneficial use of water. Accordingly,

in the event Watermaster becomes aware of the development of a Material Physical

Harm, or imminent threat of the development of a Material Physical Harm, relating to the


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use of the Available Dewatered Space, Watermaster shall, within thirty (30) days

thereafter, notice a hearing before the Court and concurrently file a report with the Court,

served on all parties, which shall explain the relevant facts then known to Watermaster

relating to the Material Physical Harm, or imminent threat thereof, including without

limitation, the location of the occurrence, the source or cause, existing and potential

physical impacts or consequences of the identified or threatened material Physical Harm,

and any recommendations to remediate the identified or threatened Material Physical

Harm.

C. Apportionment of Available Dewatered Space.

To fairly balance the needs of the divergent interests of parties having water rights

in the Basin, on the one hand, and the replenishment functions of WRD on the other

hand, and in consideration of the shared desire and public purpose of removing

impediments to the voluntary conservation, storage, exchange and transfer of water, all

of the Available Dewatered Space is hereby adjudicated and apportioned into

complimentary classifications of Stored Water and a Basin Operating Reserve as set

forth in this Part IV. The apportionment contemplates flexible administration of storage

capacity where use is apportioned among competing needs, while allowing all Available

Dewatered Space to be used from time to time on a “space available” basis, subject to the

priorities specified in this Judgment, and as further defined in Section IV(I) of this

Judgment. The Court further finds and determines that, of the Available Dewatered

Space, there is 220,000 acre-feet of storage capacity in the Central Basin which is

presently available (“Adjudicated Storage Capacity”). The use of Adjudicated Storage

Capacity as provided in this Judgment will not adversely affect the efficient operation of

the Basin or the recharge of water necessary for the production of the parties’ respective

Allowed Pumping Allocations. The apportionment of Adjudicated Storage Capacity as

provided herein will allow for flexible administration of groundwater storage within the

Basin. The Adjudicated Storage Capacity is hereby assigned to Individual Storage

Allocations and Community Storage as provided herein, provided however that if all


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space in a particular classification is fully occupied then, on a “space available” basis, to

available space within the other classifications of Adjudicated Storage Capacity and,

only then, to available space within Basin Operating Reserve.

The Court further finds and determines that, out of the Available Dewatered

Space, there is 110,000 acre feet that should be set aside for use by WRD as a Basin

Operating Reserve, provided in Section IV(L), and subject to temporary occupancy by

Stored Water as permitted hereunder.

No storage of water shall occur in the Basin except in conformity with this

Judgment.

D. Individual Storage Allocation.

Each Party having an adjudicated groundwater extraction right hereunder shall

have a priority right to store water in an Individual Storage Account, through conversion

of Carryover to Stored Water as provided herein, or by any means authorized by this

Judgment, up to a maximum of 50% of such party’s Allowed Pumping Allocation. The

cumulative quantity of Adjudicated Storage Capacity subject to individual storage

allocation is 108,750 acre-feet. In recognition of prior importation of water which was

introduced into the Basin as Stored Water, and which has not yet been extracted, the

Court finds and determines that, as of the date of this Order, the following Parties have

occupied a portion of their respective Individual Storage Allocations and have all

associated rights therein, as follows:

City of Long Beach: 13,076.8 acre-feet

City of Lakewood: 500 acre-feet

City of Downey: 500 acre-feet

City of Cerritos 500 acre-feet

E. Community Storage; Regional Disadvantaged Communities Incentive

Program.

In addition to Individual Storage Allocation, a Party that has fully occupied its

Individual Storage allocation may, on a first in time, first in right basis (subject to the


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limits expressed below) place water into storage in the “Community Storage Pool.” The

cumulative quantity of Adjudicated Storage Capacity allocated to Community Storage

shall be 111,250 acre-feet. So long as there is available capacity in the Community

Storage Pool, any Party may store water in the Community Storage Pool through

conversion of Carryover to Stored Water as provided herein, or by any other means

authorized by this Judgment, provided such Party has first fully occupied that party’s

available Individual Storage Allocation.

(1) Parties to this Judgment which, as of January 1, 2013, held

Allowed Pumping Allocation of not greater than 5,000 acre-feet shall have a first

priority right to occupy, in the aggregate, up to 10,000 acre-feet of storage space

within the Central Basin Community Storage Pool, on the basis of first in time,

first in right.

(2) Water stored pursuant to the Regional Disadvantaged

Communities Incentive Program shall have a second priority right to occupy up to

23,000 acre-feet within the Community Storage Pool, on such terms as shall be

determined by the Court.

(3) Any further storage in excess of the maximum quantity of

Community Storage will be on a “space-available” interim basis. From time to

time, and on a “space-available” basis, the total quantity of water available for

storage is permitted to exceed Adjudicated Storage Capacity for the Community

Storage Pool on an interim basis. This interim storage may occur if storage

capacity exists as a result of unused Adjudicated Storage Capacity within other

classifications, or available space exists in the Basin Operating Reserve. Such

interim storage, however, is subject to priority rights to such Dewatered Space as

provided in this Judgment. A party that seeks to convert the water temporarily

held in interim storage to a more firm right, may contract for the use of another

party’s Individual Storage Allocation, or may add such water to the Community

Storage Pool once space therein becomes available.


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(4) After a party occupies available storage capacity within the

Community Storage Pool and then withdraws water from the Community Storage

Pool, the storing party will be allowed a period of twenty-four (24) months to

refill the evacuated storage before the capacity will be determined excess and

available for use by other parties. Once the Basin’s Community Storage Pool has

been filled for the first time, a party may exercise its twenty-four (24) month refill

priority only once, and then only provided there is then capacity available to

permit that party to refill the vacated space. Except to the extent Community

Storage space may be subject to such priority right to re-fill, all space therein shall

be occupied on a first in time, first in right basis.

(5) A party that has occupied storage in the Community Storage Pool

for ten (10) consecutive years shall be deemed to extract its Stored Water first in

subsequent years (notwithstanding the order of water production set forth in

Section I(B)(3)) until its entire Community Storage account has been extracted,

but thereafter may again make use of Community Storage on the same terms

available to other parties on a first in time, first in right, space-available basis.

(6) Any quantity of water held in the Community Storage Pool for a

term greater than ten (10) consecutive years shall be assessed an annual water loss

equal to 5% of the lowest quantity of water held within the party’s Community

Storage Pool account at any time during the immediately preceding ten-year

period. The lowest quantity means the smallest amount of water held by the Party

in the Community Storage Pool during any of the preceding ten (10) years, with a

new loss calculation being undertaken every year. Water subject to the loss

assessment will be deemed dedicated to the Basin Operating Reserve in

furtherance of the physical solution without compensation. Water lost to the

Basin shall constitute water replenished into the Central Basin for the benefit of

all parties

F. Limit on Storage.


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Irrespective of the category of storage utilized, each party to this Judgment may

not cumulatively have in storage at any time Stored Water totaling more than two

hundred percent (200%) of that party’s Allowed Pumping Allocation. Subject to the

foregoing, the right to produce Stored Water may be freely transferred to another party to

this Judgment, or as otherwise permitted herein.

G. Extractions of Stored Water; Exemption from Replenishment Assessment.

The Court finds and declares that the extraction of Stored Water as permitted

hereunder does not constitute “production of groundwater” within the meaning of Water

Code Section 60317 and that no Replenishment Assessment shall be levied on the

extraction of Stored Water. WRD has stipulated to the same. This determination reflects

the practical application of certain provisions of this Judgment concerning storage of

water, including, without limitation, understanding the following: (1) payment of the

Replenishment Assessment is required upon the conversion of Carryover Water into

storage, and; (2) developed water introduced into the Basin for storage by or on behalf of

a Party through spreading or injection need not be replenished by WRD and should not

be subject to the Replenishment Assessment.

H. Storage Procedure.

The Administrative Body shall (i) prescribe forms and procedures for the orderly

reporting of Stored Water, (ii) maintain records of all water stored in the Basin, and (iii)

undertake monitoring and modeling of Stored Water as may be reasonably required. As

to any Storage Projects that will require review and approval by the Storage Panel, the

Administrative Body shall provide appropriate applications, and shall work with project

applicants to complete the application documents for presentation to the Storage Panel.

The Administrative Body shall be responsible for conducting any groundwater modeling

necessary to evaluate a proposed Storage Project. The proponent of a proposed project

will bear all costs associated with the review of the application for approval of the project

and all costs associated with its implementation. Nothing in this Judgment shall alter the

applicant(s) duty to comply with CEQA or to meet other legal requirements as to any


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proposed Storage Project. Within thirty (30) days after final submission of the storage

application documents, the Administrative Body shall provide notice of the storage

application (either by electronic mail or U.S. postal mail), together with a copy of the

application documents, to all parties possessing an Allowed Pumping Allocation, and to

any other person requesting notice thereof. Following notice, any necessary hearings

before the Storage Panel shall be conducted as provided in Section IV(O) of this

Judgment.

I. Loss of Stored Water/Relative Priority.

To balance the need to protect priority uses of storage and to encourage the full

utilization of Adjudicated Storage Capacity and Basin Operating Reserve where it can be

accommodated without interference with priority uses, and except as otherwise provided

in this Judgment, no water held in any authorized storage account will be deemed lost

from that storage account unless the cumulative quantity of water held as Stored Water

plus the quantity of water held within the Basin Operating Reserve exceeds 330,000

acre-feet. Where all Adjudicated Storage Capacity and Basin Operating Reserve has

been occupied, the first Stored Water to be deemed lost shall be the last water stored as

Community Storage. Upon receipt of a bona fide request by another use entitled to

priority hereunder, Watermaster shall issue a notice requiring the other parties to

evacuate their Stored Water. Any Stored Water that is not evacuated shall be deemed

dedicated to the Basin Operating Reserve in furtherance of the physical solution without

compensation and accounted for accordingly.

J. Limits on Extraction.

Anything in this Judgment to the contrary notwithstanding, no party shall extract

greater than 140% of the sum of (i) the party’s Allowed Pumping Allocation and (ii) the

party’s leased water, except upon prior approval by the Water Rights Panel. For this

purpose, a party’s total extraction right for a particular year shall include that party’s

Allowed Pumping Allocation and any contractual right through lease or other means to

utilize the adjudicated rights of another party. Where such proposed extraction would


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occur within the Central Basin Pressure Area as defined by Watermaster consistent with

historical records, the Water Rights Panel shall submit such request for review by the

Board of WRD. The Water Rights Panel shall not approve any request for over-

extraction within the Pressure Area without a written finding by the Board of WRD that

such over-extraction will not cause Material Physical Harm. The role of the Board of

WRD in this process shall not be read to expand or restrict WRD’s statutory authority.

Consideration shall be on an expedited basis.

K. Increased Extractions in the Central Basin for Certain Water Purveyors.

(1) This Court also maintains continuing jurisdiction over the West

Coast Basin, which bounds the Central Basin to the west.

(2) Certain Water Purveyors are parties to both this Amended

Judgment and the judgment governing the West Coast Basin and serve

communities overlying both the Central Basin and the West Coast Basin.

(3) Certain Water Purveyors may exceed their Allowed Pumping

Allocation in any Administrative Year, subject to all of the following conditions:

(a) The Water Purveyor is one of the following eligible Parties:

(i) City of Los Angeles

(ii) Golden State Water Company

(iii) California Water Service Company.

(b) Increased extractions pursuant to this Section shall not

exceed 5,000 acre-feet per Water Purveyor for the particular

Administrative Year.

(c) Increased extractions pursuant to this Section shall not

exceed the Water Purveyor’s unused “Adjudicated Rights” in the West

Coast Basin.

(d) Increased extractions pursuant to this Section shall not

result in Material Physical Harm.

(4) Notwithstanding the foregoing, nothing herein permits extraction


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of water within the Central Basin in excess of 140% of Allowed Pumping

Allocation for the particular Administrative Year, except as otherwise permitted

under this Judgment.

(5) Replenishment of any water extracted from the Central Basin

pursuant to this Section shall occur exclusively in the Central Basin.

(6) The benefits of this Section are made available only to the certain

Water Purveyors that serve communities overlying the Central Basin and

communities overlying the West Basin, in recognition of the management of

water resources by those Water Purveyors to serve such overlying communities.

It is not made, nor is it related to, a determination of an underflow between the

basins, a cost or benefit allocation, or any other factor relating to the allocation of

the Replenishment Assessment.

L. Special Provisions for Temporary Storage within Community Storage

Pool.

The Central Basin Municipal Water District (“CBMWD”) shall take such action

as may be necessary to reduce its Allowed Pumping Allocation to five (5) acre-feet or

fewer by December 31, 2018, and has agreed, by stipulation, not to acquire any

additional Central Basin water rights. Upon application by CBMWD, the Storage Panel

may, after making each of the findings required in this subsection, approve storage of

water by CBMWD within the Community Storage Pool subject to the stated conditions.

The Storage Panel may only authorize such storage after finding each of the following to

be true as of the date of such approval:

(1) CBMWD (a) then owns five (5) acre-feet or fewer of Allowed

Pumping Allocation, and (b) has not produced water utilizing any extraction

rights it holds within the Basin but has only engaged in the sale or leasing of those

rights to others.

(2) There is available space for Storage within the Community Storage


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Pool.

(3) CBMWD has identified a source of imported water that may be

brought into the Basin and stored underground.

(4) The water identified for storage (a) is unlikely to be acquired by

other parties through surface delivery for use within the Basin, and (b) was

offered to WRD to purchase for replenishment purposes at the same price that

CBMWD otherwise sells imported water to WRD and WRD declined to purchase

said water, within a reasonable period of time.

(5) There will be no Material Physical Harm associated with the

introduction of the water into storage, or its extraction, in the manner approved by

the Storage Panel.

The condition expressed in Section IV(L)(1)(a) above shall not be operative until

January 1, 2019, or upon reduction of CBMWD’s Allowed Pumping Allocation

to five (5) acre-feet or fewer, whichever first occurs. CBMWD may not extract

the Stored Water, and may instead only transfer that Stored Water to a party

having extraction rights, or to WRD for replenishment purposes only. Such

Stored Water not so transferred within three (3) years following its storage may

be purchased by WRD, at its option, for replenishment purposes only, at a price

not exceeding the actual cost incurred by CBMWD in importing and storing the

water in the first instance, plus a reasonable administrative charge for overhead

not exceeding five percent (5%) of the price paid by CBMWD for the water with

no other fees or markups imposed by CBMWD. Except as otherwise permitted in

this Section, any such Stored Water held by CBMWD for a term greater than

three (3) years shall be assessed an annual water loss equal to 10% of the amount

of such Stored Water at the end of each year. Water subject to the loss


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assessment will be deemed dedicated to the Basin Operating Reserve in

furtherance of the physical solution without further compensation. The Storage

Panel shall grant CBMWD one or more extensions of such term, not exceeding

total extensions of three (3) additional years, following public hearing, if the

Storage Panel determines that the Stored Water has been actively marketed by

CBMWD for transfer to Parties on reasonable terms in the previous year. The

Storage Panel may impose such additional reasonable conditions as it determines

to be appropriate. Any review by the Storage Panel hereunder shall only occur at

a public hearing held following at least 15 days’ (but not more than 30 days’)

mailed notice to all Parties to this Judgment, at which hearing an opportunity for

public comment shall be afforded in advance of any such decision. However, the

Storage Panel may consider an application on shorter notice under exigent

circumstances, including the potential loss of the water proposed to be stored if

action is not taken sooner. CBMWD shall have the right to appeal any action or

inaction by the Storage Panel to this court. The storage and extraction of Stored

Water hereunder shall otherwise be subject to all other provisions of this

Judgment. The court finds and declares that this subsection constitutes a “court

order issued by a court having jurisdiction over the adjudication of groundwater

extraction rights within the groundwater basin where storage is sought” within the

meaning of Water Code §71610(b)(2)(B). Nothing in this provision impedes

CBMWD’s ability to store water pursuant to a contract with an adjudicated

groundwater extraction rights holder as permitted by Water Code

§ 71610(b)(2)(A) and otherwise in accordance with this Judgment.

M. Basin Operating Reserve.

It is in the public interest and in furtherance of the physical solution for WRD to

prudently exercise its statutory discretion to purchase, spread, and inject Replenishment

Water, to provide for in-lieu replenishment, and otherwise to fulfill its replenishment

function within the Basin as provided in Water Code Section 60000 et. seq. Hydrologic,


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regulatory and economic conditions now prevailing within the State require that WRD be

authorized to exercise reasonable discretion and have flexibility in the accomplishment

of its replenishment function. Accordingly, WRD may pre-purchase or defer the

purchase of Replenishment Water, and may otherwise purchase and manage available

sources of Replenishment Water under the most favorable climatic and economic

conditions as it may determine reasonable and prudent under the circumstances. It is the

intent of the parties to preserve space for such replenishment activities, including capture

of natural inflows during wet years, recapture of water when possible, and artificial

replenishment when water is available at discounted rate, for the benefit of the Basin and

the parties to the Judgment. The Basin Operating Reserve is intended to allow WRD to

meet its replenishment needs to make APA available for extraction by all water rights

holders. Accordingly, WRD shall have a priority right to occupy up to 110,000 acre-feet

of the Available Dewatered Space as the “Basin Operating Reserve” for the acquisition

and replenishment of water, or to ensure space remains available in the Basin to capture

natural inflows during wet years for the benefit of the parties to the Judgment, to offset

over-production. The priority right is not intended to allow WRD to sell or lease stored

water, storage, or water rights. To the extent WRD does not require the use of all of such

Basin Operating Reserve, that portion of the Basin Operating Reserve that is not then

being used shall be available to other Parties to store water on a temporary and space-

available basis. No Party may use any portion of the Basin Operating Reserve for space-

available storage unless that Party has already maximized its allowed Storage pursuant to

its Individual Storage Allocation and all available Community Storage is already in use.

WRD’s failure to use any portion of its Basin Operating Reserve shall not cause

forfeiture or create a limitation of its right to make use of the designated space in the

future. WRD’s first priority right to this category of space shall be absolute. To the

extent that there is a conflict between WRD and a third party regarding the availability of

and desire to use any portion of the space available for replenishment up to the maximum

limits set forth in this section, the interests of WRD will prevail. If a party other than


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WRD is using the Basin Operating Reserve space on a “space available” basis and a

conflict develops between WRD and the storing party, the storing party will, upon notice

from WRD, evacuate the Stored Water within ninety (90) days thereafter. In such event,

temporary occupancy within the Basin Operating Reserve shall be first in time, first in

right, and the last Party to store water shall be required to evacuate first until adequate

space shall be made available within the Basin Operating Reserve to meet WRD’s needs.

The storing party or parties assume all risks of waste, spill and loss regardless of the

hardship. Stored Water that is not evacuated following WRD’s notice of intent to occupy

the Basin Operating Reserve will be deemed dedicated to the Basin Operating Reserve in

furtherance of the physical solution without compensation and accounted for

accordingly. Nothing herein shall permit WRD to limit or encumber, by contract or

otherwise, its right to use the Basin Operating Reserve for Replenishment purposes for

any reason, or to make space therein available to any person by any means.

Notwithstanding the foregoing, to the extent excess space is available, water evacuated

from the Basin Operating Reserve as provided in this Section shall be deemed added to

available space within the Individual Storage Allocations and Community Storage Pool,

subject to the priority rights otherwise provided in this Judgment.

N. Water Augmentation.

The parties, in coordination with WRD, may undertake projects that add to the

long-term reliable yield of the Basin. Innovations and improvements in practices that

increase the conservation and maximization of the reasonable and beneficial use of water

should be promoted. To the extent that Parties to the Judgment, in coordination with

WRD, implement a project that provides additional long-term reliable water supply to the

Central Basin, the annual extraction rights in the Central Basin will be increased

commensurately in an amount to be determined by the Storage Panel to reflect the actual

yield enhancement associated with the project. Augmented supplies of water resulting

from such a project may be extracted or stored as permitted in this Judgment in the same

manner as other water. Participation in any Water Rights Augmentation Project shall be


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voluntary. A party may elect to treat a proposed project as a Water Augmentation

Project (for the purpose of seeking an increase in that party’s Allowed Pumping

Allocation) or may elect to treat such a project as a Storage Project under the other

provisions of this Judgment. The terms of participation in any Water Augmentation

Project will be at the full discretion of the participating parties. All Water Augmentation

Projects will be approved by the Storage Panel.

(1) Participating Parties.

Parties who propose a Water Augmentation Project (“Project Leads”) may

do so in their absolute discretion, upon such terms as they may determine. All

other parties to this Judgment will be offered an opportunity to participate in the

Water Augmentation Project on condition that they share proportionally in

common costs and benefits, and assume the obligation to bear exclusively the cost

of any improvements that are required to accommodate their individual or

particular needs. Notice shall be provided which generally describes the project

and the opportunity to participate with sufficient time for deliberation and action

by any of these parties who could potentially participate. Disputes over the

adequacy of notice shall be referred to the Storage Panel, and then to the Court

under its continuing jurisdiction. Parties who elect to participate (“Project

Participants”) may do so provided they agree to offer customary written and

legally binding assurances that they will bear their proportionate costs attributable

to the Water Rights Augmentation Project, or provide other valuable

consideration deemed sufficient by the Project Leads and the Project Participants.

(2) Determination of Additional Extraction Rights.

The amount of additional groundwater extraction as a result of a Water

Augmentation project will be determined by the Storage Panel, subject to review

by the Court. The determination will be based upon substantial evidence which

supports the finding that the Water Augmentation project will increase the long-

term sustainable yield of the respective Basin by an amount at least equal to the


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proposed increase in extraction rights.

(3) Increase in Extraction Rights.

A party that elects to participate and pays that party’s full pro-rata share of

costs associated with any Water Augmentation Project and/or reaches an

agreement with other participants based upon other valuable consideration

acceptable to the Project Leads and Project Participants, will receive a

commensurate increase in extraction rights. Non-participating parties will not

receive an increase or a decrease in extraction rights. Any party that elects not to

participate will not be required to pay any of the costs attributable to the particular

Water Augmentation Project, whether directly or indirectly as a component of the

WRD Replenishment Assessment.

(4) Nominal Fluctuations.

Because water made available for Water Rights Augmentation will be

produced annually, fluctuations in groundwater levels will be temporary, nominal

and managed within the Basin Operating Reserve.

(5) Availability of New Water.

The amount of additional groundwater extraction established as a result of

a Water Augmentation Project shall be equal to the quantity of new water in the

Basin that is attributable to that Water Augmentation Project. No extraction shall

occur and no extraction right shall be established until new water has been

actually introduced into the Basin as a result of the Project. Any approval for a

Water Augmentation Project shall include provisions (a) requiring regular

monitoring to determine the actual amount of such new water made available, (b)

requiring make-up water or equivalent payment therefor to the extent that actual

water supply augmentation does not meet projections, and (c) adjusting extraction

rights attributable to the Water Augmentation Project to match the actual water

created. The right to extract augmented water from the Basin resulting from a

party’s participation in a Water Augmentation Project shall be accounted for


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separately and shall not be added to a party’s Allowed Pumping Allocation. No

Replenishment Assessment shall be levied against the extraction of augmented

water.

(6) Limitation.

Notwithstanding the foregoing, WRD will not obtain any water rights or

extraction rights under this Judgment by virtue of its participation in a Water

Augmentation Project. If WRD participates in a Water Rights Augmentation

Project through funding or other investments, its allocation of new water from the

project shall be used to offset its replenishment responsibilities.

O. Limits on Watermaster Review.

It shall not be necessary for Watermaster, or any constituent body thereof, to

review or approve any of the following before the affected Party may proceed: (i)

exercise of adjudicated water rights consistent with this Judgment, except for extraction

above 140% of a Party’s extraction right as set out in Section IV(J) of this Judgment; (ii)

replenishment of the Basin with Replenishment Water by WRD consistent with Water

Code Section 60000 et seq., including replenishment of water produced by water rights

holders through the exercise of adjudicated water rights; (iii) WRD’s operations within

the Basin Operating Reserve; (iv) Carryover Conversion or other means of the filling of

the Individual Storage Accounts and the Community Storage Pool, as provided in this

Judgment, as long as existing water production, spreading, or injection facilities are used;

and (v) individual transfers of the right to produce Stored Water as permitted in Section

IV(F). All other Storage Projects and all Water Augmentation Projects shall be subject

to review and approval as provided herein, including (i) material variances to substantive

criteria governing projects exempt from the review and approval process, (ii)

modifications to previously approved Storage Projects and agreements, (iii) a party’s

proposal for Carryover Conversion in quantities greater than the express apportionment

of Adjudicated Storage Capacity on a non-priority, space-available, interim basis, and

(iv) Storage, by means other than Carryover Conversion, when new production,


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spreading, or injection facilities are proposed to be utilized.

P. Hearing Process For Watermaster Review.

The following procedures shall be followed by Watermaster where Watermaster

review of storage or extraction of Stored Water is required or permitted under this

Judgment:

(1) No later than thirty (30) days after notice has been issued for the

storage application, the matter shall be set for hearings before the Storage Panel.

A staff report shall be submitted by WRD staff in conjunction with the completed

storage application documents and the Water Rights Panel may prepare an

independent staff report, if it elects to do so.

(2) The Board of WRD and the Water Rights Panel (sitting jointly as

the Storage Panel) shall conduct a joint hearing concerning the storage

application.

(3) All Watermaster meetings shall be conducted in the manner

prescribed by the applicable Rules and Regulations. The Rules shall provide that

all meetings of Watermaster shall be open to water rights holders and that

reasonable notice shall be given of all meetings.

(4) The Board of WRD and the Water Rights Panel shall each adopt

written findings explaining its decision on the proposed Storage Project, although

if both entities reach the same decision on the Storage Project, they shall work

together to adopt a uniform set of findings.

(5) Unless both the Board of WRD and the Water Rights Panel

approve the Storage Project, the Storage Project application shall be deemed

denied (a “Project Denial”). If both the Board of WRD and the Water Rights

Panel approve the Storage Project, the Storage Project shall be deemed approved

(a “Project Approval”).

Q. Trial Court Review

(1) The applicant may seek the Storage Panel’s reconsideration of a


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Project Denial. However, there shall be no process for mandatory reconsideration

or mediation of a Project Approval or a Project Denial either before the

Administrative Body, or before the Water Rights Panel.

(2) Any Party may file an appeal from a Project Approval or Project

Denial with this Court, as further described in Section II(F).

(3) In order to (a) promote the full presentation of all relevant

evidence before the Storage Panel in connection with its consideration of any

proposed Storage Project, (b) achieve an expeditious resolution of any appeal to

the Court, and (c) accord the appropriate amount of deference to the expertise of

the Storage Panel, the appeal before the Court shall be based solely on the

administrative record, subject only to the limited exception in California Code of

Civil Procedure section 1094.5(e).

(4) If both the WRD Board and the Water Rights Panel each vote to

deny or approve a proposed Storage Project, it shall be an action by the Storage

Panel and that decision shall be accorded by the Court deference according to the

substantial evidence test. If one of the reviewing bodies votes to approve the

proposed Storage Project and the other reviewing body votes to deny the proposed

storage project, then the Court’s review shall be de novo, although still restricted

to the administrative record. In the case of any de novo Trial Court review, the

findings made by the respective Watermaster bodies shall not be accorded any

weight independent of the evidence supporting them.

R. Space Available Storage, Relative Priority, and Dedication of “Spilled”

Water.

To balance the need to protect priority uses of storage and to encourage the full

utilization of Available Dewatered Space within the Adjudicated Storage Capacity and

the Basin Operating Reserve, any Party may make interim, temporary use of then

currently unused Available Dewatered Space within any category of Adjudicated Storage

Capacity, and then if all Adjudicated Storage Capacity is being fully used for Stored


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Water within the Basin Operating Reserve (“Space-Available Storage”), subject to the

following criteria:

(1) Any Party may engage in Space-Available Storage without prior

approval from Watermaster provided that the storing Party or Parties shall assume

all risks of waste, spill, and loss regardless of the hardship. Whenever the Storage

Panel determines that a Party is making use of excess Available Dewatered Space

for Space-Available Storage, the Storage Panel shall issue written notice to the

Party informing them of the risk of spill and loss.

(2) Whenever the Available Dewatered Space is needed to

accommodate the priority use within a respective category of Adjudicated Storage

Capacity, or WRD seeks to make use of its priority right to the Basin Operating

Reserve to fulfill its replenishment function, the Storage Panel shall issue a notice

to evacuate the respective category of Adjudicated Storage Capacity or Basin

Operating Reserve, as applicable, within the time-periods set forth within this

Amended Judgment. To the extent the Stored Water is not timely evacuated such

Stored Water will be placed into any other excess Available Dewatered Space,

first within the Adjudicated Storage Capacity, if available, and then if all

Adjudicated Storage Capacity is being fully used for Stored Water within the

Basin Operating Reserve. If no excess Available Dewatered Space is available

within the Basin Operating Reserve, then the Stored Water shall be deemed

spilled and will be deemed dedicated to the Basin Operating Reserve in

furtherance of the physical solution without compensation and accounted for

accordingly. A Party that seeks to convert the Stored Water temporarily held in

interim storage as Space-Available Storage to a more firm right, may in its

discretion, contract for the use of another Party’s Individual Storage Allocation,

or may add such water to the Community Storage Pool once space therein

becomes available.

(3) No Stored Water will be deemed abandoned unless the cumulative


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quantity of water held as Stored Water plus the quantity of water held in the Basin

Operating Reserve exceeds 330,000 (three hundred and thirty thousand) acre-feet

in the Central Basin.

V. CONTINUING JURISDICTION OF THE COURT.

The Court hereby reserves continuing jurisdiction and upon application of any interested

party, or upon its own motion, may review and redetermine the following matters and any

matters incident thereto:

A. Its determination of the permissible level of extractions from Central

Basin in relation to achieving a balanced basin and an economic utilization of Central

Basin for groundwater storage, taking into account any then anticipated artificial

replenishment of Central Basin by governmental agencies for the purpose of alleviating

what would otherwise be annual overdrafts upon Central Basin and all other relevant

factors.

B. Whether in accordance with applicable law any party has lost all or any

portion of his rights to extract groundwater from Central Basin and, if so, to ratably

adjust the Allowed Pumping Allocations of the other parties and ratably thereto any

remaining Allowed Pumping Allocation of such party.

C. To remove any Watermaster or constituent body appointed from time to

time and appoint a new Watermaster; and to review and revise the duties, powers and

responsibilities of the Watermaster or its constituent bodies and to make such other and

further provisions and orders of the Court that may be necessary or desirable for the

adequate administration and enforcement of the Judgment.

D. To revise the price to be paid by Exchangees and to Exchangors for

Exchange Pool purchases and subscriptions.

E. In case of emergency or necessity, to permit extractions from Central

Basin for such periods as the Court may determine: (i) ratably in excess of the Allowed

Pumping Allocations of the parties; or (ii) on a non-ratable basis by certain parties if


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either compensation or other equitable adjustment for the benefit of the other parties is

provided. Such overextractions may be permitted not only for emergency and necessity

arising within Central Basin area, but to assist the remainder of the areas within The

Metropolitan Water District of Southern California in the event of temporary shortage or

threatened temporary shortage of its imported water supply, or temporary inability to

deliver the same throughout its area, but only if the court is reasonably satisfied that no

party will be irreparably damaged thereby. Increased energy cost for pumping shall not

be deemed irreparable damage. Provided, however, that the provisions of this

subparagraph will apply only if the temporary shortage, threatened temporary shortage,

or temporary inability to deliver was either not reasonably avoidable by the Metropolitan

Water District, or if reasonably avoidable, good reason existed for not taking the steps

necessary to avoid it.

F. To review actions of the Watermaster.

G. To assist the remainder of the areas within The Metropolitan Water

District of Southern California within the parameter set forth in subparagraph (e) above.

H. To provide for such other matters as are not contemplated by the Judgment

and which might occur in the future, and which if not provided for would defeat any or

all of the purposes of this Judgment to assure a balanced Central Basin subject to the

requirements of Central Basin Area for water required for its needs, growth and

development.

The exercise of such continuing jurisdiction shall be after 30 days’ notice to the parties,

with the exception of the exercise of such continuing jurisdiction in relation to subparagraphs E

and G above, which may be ex parte, in which event the matter shall be forthwith reviewed

either upon the Court’s own motion or the motion of any party upon which 30 days’ notice shall

be so given. Within ten (10) days of obtaining any ex parte order, the party so obtaining the

same shall mail notice thereof to the other parties. If any other party desires Court review

thereof, the party obtaining the ex parte order shall bear the reasonable expenses of mailing

notice of the proceedings, or may in lieu thereof undertake the mailing. Any contrary or


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modified decision upon such review shall not prejudice any party who relied on said ex parte

order.

VI. GENERAL PROVISIONS.

A. Judgment Constitutes Inter Se Adjudication.

This Judgment constitutes an inter se adjudication of the respective rights of all

parties, except as may be otherwise specifically indicated in the listing of the water rights

of the parties of this Judgment, or in Appendix “2” hereof. All parties to this Judgment

retain all rights not specifically determined herein, including any right, by common law

or otherwise, to seek compensation for damages arising out of any act or omission of any

person. This Judgment constitutes a “court order” within the meaning of Water Code

Section 71610(B)(2)(b).

B. Assignment, Transfer, Etc., of Rights.

Subject to the other provision of this Judgment, and any rules and regulations of

the Watermaster requiring reports relative thereto, nothing herein contained shall be

deemed to prevent any party hereto from assigning, transferring, licensing or leasing all

or any portion of such water rights as it may have with the same force and effect as

would otherwise be permissible under applicable rules of law as exist from time to time.

C. Service Upon and Delivery to Parties of Various Papers.

Service of the Judgment on those parties who have executed that certain

Stipulation and Agreement for Judgment or who have filed a notice of election to be

bound by the Exchange Pool provisions shall be made by first class mail, postage

prepaid, addressed to the designee and at the address designated for that purpose in the

executed and filed Counterpart of the Stipulation and Agreement for Judgment or in the

executed and filed “Notice of Election to be Bound by Exchange Pool Provisions,” as the

case may be, or in any substitute designation filed with the Court.

Each party who has not heretofore made such a designation shall, within 30 days

after the Judgment shall have been served upon that party, file with the Court, with proof


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of service of a copy upon the Watermaster, a written designation of the person to whom

and the address at which all future notices, determinations, requests, demands, objections,

reports and other papers and processes to be served upon that party or delivered to that

party are to be so served or delivered.

A later substitute designation filed and served in the same manner by any party

shall be effective from the date of filing as to the then future notices, determinations,

requests, demands, objections, reports and other papers and processes to be served upon

or delivered to that party.

Delivery to or service upon any party by the Watermaster, by any other party, or

by the Court, or any item required to be served upon or delivered to a party under or

pursuant to the Judgment may be by deposit in the mail, first class, postage prepaid,

addressed to the designee and at the address in the latest designation filed by that party.

D. Judgment Does Not Affect Rights, Powers, Etc., of Plaintiff District.

Nothing herein constitutes a determination or adjudication which shall foreclose

Plaintiff District from exercising such rights, powers, privileges and prerogatives as it

may now have or may hereafter have by reason of provisions of law.

E. Continuation of Order under Interim Agreement.

The order of Court made pursuant to the “Stipulation and Interim Agreement and

Petition for Order” shall remain in effect through the Administrative Year in which this

Judgment shall become final (subject to the reserved jurisdiction of the Court).

F. Effect of Extractions by Exchangees; Reductions in Extractions.

With regard to Exchange Pool purchases, the first extractions by each Exchangee

shall be deemed the extractions of the quantities of water which that party is entitled to

extract pursuant to his allocation from the Exchange Pool for that Administrative Year.

Each Exchangee shall be deemed to have pumped his Exchange Pool request so allocated

for and on behalf of each Exchangor in proportion to each Exchangor’s subscription to

the Exchange Pool which is utilized to meet Exchange Pool requests. No Exchangor

shall ever be deemed to have relinquished or lost any of its rights determined in this


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Judgment by reason of allocated subscriptions to the Exchange Pool. Each Exchangee

shall be responsible as between Exchangors and that Exchangee, for any tax or

assessment upon the production of groundwater levied for replenishment purposes by

WRD or by any other governmental agency with respect to water extracted by such

Exchangee by reason of Exchange Pool allocations and purchases. No Exchangor or

Exchangee shall acquire any additional rights, with respect to any party to this action, to

extract waters from Central Basin pursuant to Water Code Section 1005.1 by reason of

the obligations pursuant to and the operation of the Exchange Pool.

G. Judgment Binding on Successors, Etc.

This Judgment and all provisions thereof are applicable to and binding upon not

only the parties to this action, but as well to their respective heirs, executors,

administrators, successors, assigns, lessees, licensees and to the agents, employees and

attorneys in fact of any such persons.

H. Costs.

No party shall recover its costs herein as against any other party.

I. Intervention of Successors in Interest and New Parties.

Any person who is not a party (including but not limited to successors or parties

who are bound by this Judgment) and who proposes to produce water from the Basin,

store water in the Basin, or exercise water rights of a predecessor may seek to become a

party to this Judgment through a Stipulation in Intervention entered into with the

Plaintiff. Plaintiff may execute said Stipulation on behalf of the other parties herein, but

such Stipulation shall not preclude a party from opposing such intervention at the time of

the court hearing thereon. Said Stipulation for Intervention must thereupon be filed with

the Court, which will consider an order confirming said intervention following thirty (30)

days’ notice to the parties. Thereafter, if approved by the Court, such intervenor shall be

a party bound by this Judgment and entitled to the rights and privileges accorded under

the physical solution herein.

J. Effect of this Amended Judgment on Orders Filed Herein.


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This Third Amended Judgment shall not abrogate such rights of additional

carryover of unused water rights as may otherwise exist pursuant to orders herein filed

June 2, 1977 and September 29, 1977.

THE CLERK WILL ENTER THIS THIRD AMENDED JUDGMENT FORTHWITH.

DATED:

Judge of the Superior Court

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